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6488175 Easement, Utility: ITS Infill Ph 1 No. 0201 [ a 04/15/2016 10:15:33 AM 6488175 Eaokanesements FeeGOVERNMEN:ITYo0F5SPOKANE VALLEY AFTER RECORDING RETURN DOCUME SpCounty Washington City of Spokane Valley 1 1111111 111111 III 1111 1111111 111111 VIII Iiii 1111111111111111111111111111111111111111111 Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Spokane Valley WA 99206 Document Title: Utility Easement Grantor(s): Sonrise Land LLC, and Pomajevich Investments Co., LLC Grantee(s): City of Spokane Valley& State of Washington Legal Description: Portion of Lots 2-5 & 14-18 Block 3 Piper's Sub of Block 13 East Spokane Assessor's Tax Parcel Number: Portion of 35132.1310 UTILITY EASEMENT IN THE MATTER OF ITS Infill—Phase 1 PROJECT#0201 ct� o g KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Sonrise Land LLC, and Pomajevich Investments Co., LLC, both Washington limited liability companies, for and in VIND consideration of$1,423.00, the receipt of which is hereby acknowledged, convey(s) and grant(s)to ' 11, the CITY OF SPOKANE VALLEY (City), a municipal corporation in the State of Washington, • Ca and to the State of Washington, acting by and through its Department of Transportation, CD (hereinafter referred collectively as Grantees), a Utility Easement over,under, upon, and across the hereinafter described lands situated in the City of Spokane Valley, County of Spokane, State of Fs Washington: 0 For legal description and additional conditions, see Exhibit A attached hereto and made a 0 part hereof. This non-exclusive Utility Easement granted to the Grantees is for the sole purposes of installing and maintaining traffic signal system components including poles, foundations, signs, conduit, junction boxes, pole boxes, fiber optic lines for Intelligent Transportation Systems (ITS) and signal wiring within the easement. Page 1 of 4 R ' The Grantees shall defend, indemnify, and hold the Grantor harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of negligent conduct of City or State in performance of the activities or operations performed by the City or State or arising out of issuance of this easement, except for injuries and damages caused by the negligence of the Grantor. The Utility Easement described herein shall run with the land. No modification of the boundaries of said Utility Easement shall be made without the prior approval of the City and State. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on this 8'' day of Apiri-t ,2016. Grantor(s): Sonrise Land LLC, and Pomajevich Investments Co., By: //I/. LI_ `1�!A By: itle: /`leis/,.,,, / if-6N.6.4, Title: Alviirr Gw fate f i '& /6O4s t„r-evi G A syuls/rn4.4 B. Grantee: City of Spokane Valley Grantee: Washington State Department of Transp By: By:' i - imothy P. olden 9 Title: 7U/2,L,l C �1DR jcS -bi✓ CTDet Title: Real Estate Services Manager STATE OF WASHINGTON ) ) ss County of Spokane ) /- ,e► On this (U r day of f1 f , 2016,before me personally appeared A. CY1�t+ -V_IXI t L. aacxe,known to me to be the Nem,645- of Sonrise Land, LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that -teY are, X authorized to execute said instrument. 7-- /'v`� , ROCHELLE Y WIGEN Notary Public in and for the State of 1Y Notary Public Washington,residing tuff State of Washington My commission expires: 4 p6-i?-olt7/(p i My Commission Expires June 19, 2016 `" Page 2 of 4 • STATE OF WASHINGTON ) ) ss County of ( ) • On this day oft\ 1 ,2016,before me personally appeared 5 . Gebotr4- flricprt ,mown to me to be the Attorney in Fact for Pomajevich Investments Co, LLC, a Washington limited liability company and acknowledged to me that he signed and sealed said instrument as such attorney in fact for said limited liability company, freely and voluntarily, and for the uses and purposes therein mentioned and on oath stated that the power of attorney authorizing the execution of this instrument has not been revoked and that he is,therefore, duly authorized to execute said instrument. 4/07 R©CHELLE Y WIGEN Notary Public Notary Public in and for the State of {,.MyState of Washington Washington,residing at Pa 'pi/! 104- My Commission Expires My commission expires: 04 -ael(o , Jane pnr 2016 14, 1 Page 3 of 4 . Exhibit A Portion of Tax Parcel 35132.1310 A Utility Easement over, under and across Parcel"B" as shown on the Record of Survey recorded in Book 71 of Surveys,page 78 (APN 35132.1310) and described as follows: Begin at the Southwest corner of Parcel "A" as shown on the Record of Survey recorded in Book 71 of Surveys,page 78;thence S88°44'20"E, along the South line of said Parcel "A", 25.00 feet; thence N01°15'40"E 5.00 feet;thence S88°44'20"E 8.36 feet; thence N78°06'07"E 36.43 feet to the West line of Parcel "B" of said Record of Survey and the True Point of Beginning; thence continuing N78°06'07"E 37.06 feet to the Southeasterly line of said Parcel "B"being a point on a curve concave to the Northwest with a radius of 75.00 feet and a radial bearing of S43°29'02"E from the center of curve;thence Southwesterly through a central angle of 31°45'14", an arc distance of 41.57 feet to the West line of said Parcel"B";thence N00°30'37"E 11.38 feet to the True Point of Beginning. Being a portion of Lots 2-5 lying north of the north right of way line of Broadway Avenue and Lots 14-18, Block 3,Piper's Subdivision of Block 13 of East Spokane, as per Plat recorded in Volume "M"of Plats,page 7,records of Spokane County; Situate in the City of Spokane Valley, County of Spokane, State of Washington. Contains 284 square feet. Page 4 of 4 • , . , PARCEL "B" UTILITY EASEMENT EXHIBIT O S88'46'01"E O S88'46'01"E 69.01 168.61 ,, A=24'22'18" / R=220.00' / L=93.58' 1=47.51' N4615'36" 3.98' A=22'07'35" R=280.00' w 3 L=108.13' 1--coM T=54.75' rn r''' MM O N o 0 Z PARCEL "A" �' PARCEL "B" APN 35132.1308 APN 35132.1310 TOTAL AREA 20,255 SOFT AREA LESS EASMEN 14,886 814,52QFT AREAOTAL LESSAREA EASMENT 19,9711 SOFT �O�O / Q� V0 UTILITY �•f EASEMENT ,`s srrp / 0 20 40 80 YI A 02 • UTILITY a, �p EASEMENT ti L7 L41 L3 L1 111 = A=54'25'53" R=75.00' /Utility RCEL B L=71.25' N88'4420" Easement over, under and across Parcel "B" 52.54' BROADWAY AVENUE as shown on the Record of Survey recorded in Book 71 of Surveys, page 78 (APN 35132.1310) and described - - as follows: Begin at the Southwest corner of Parcel "A" as shown on the Record of Survey recorded in Book 71 of Surveys, page 78; thence S88'44'20"E, along the South UNE TABLE line of said Parcel "A", 25.00 feet; thence NO1'15'40"E I UNE LENGTH BEARING 5.00 feet; thence S88'44'20"E 8.36 feet; thence L1 25.00 580"E L2 5.00 NO115t'15.40"E N78'06'07"E 36.43 feet to the West line of Parcel "B" L3 8.36 S88'44'20"E of said Record of Survey and the True Point of L4 36.43 N78'08'07"E Beginning; thence continuing N78'06'07"E 37.06 feet to L5 11.38 500.30'37'W the Southeasterly line of said Parcel "B" being a point L6 27.54 N88.44'20"w on a curve concave to the Northwest with a radius of L7 37.06 N78ro6'07'E 75.00 feet and a radial bearing of 543'29'02"E from the center of curve; thence Southwesterly through a CURVE TABLE central angle of 31'45'14", an arc distance of 41.57 CURVE DELTA RADIUS LENGTH TANGENT CHORD feet to the West line of said Parcel "B"; thence C1 12'40'31" 75.00 16.59 8.33 16.56 C2 31'45'14" 75.00 41.57 21.33 41.04 NO0'30'37"E 11.38 feet to the True Point of Beginning. Situate in the City of Spokane Valley, County of Spokane, State of Washington. PREPARED BY: SIMPSON ENGINEERS, INC. Contains 284 square feet. FOR: CITY OF SPOKANE VALLEY