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6491225 Easement, Drainage: Indiana Pkwy & Flora, EGR-2015-0033 04/27/2016 02:46:17 P11 6491225 Recording Fee $77 00 Page 1 of 5 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington AFTER RECORDING RETURN TO: 1 Ili 111111 III 101111011111111 X11101111111 IIIN 1111111 111 11111 11111 0111 1111 1111 City of Spokane Valley City Clerk 11707 E.Sprague,Suite 106 Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): D7G,LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description: A Portion of Parcel"B"ROS 6367017 A/ > 2 5--- 11` Assessor's Tax Parcel Number(s): 45131.0117 Reference Number: EGR-2015-0033 CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley,Washington DRAINAGE EASEMENT IN THE MATTER OF Indiana Parkway&Flora Road (City of Spokane Valley Project No. _,hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), D7G,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, an 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: SEE ATTACHED DRAINAGE EASEMENT LEGAL AND EXHIBIT The 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 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. R.E.Excise Tax Exempt Date 14-Z1 20(G Spokane County Treas. By 6-1 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. IN WITSS WHEREOF,the undersigned has caused this instrument to be executed on this /P'7' day of 3t-Gtiu-ri , 20 i �. Grantor(s): 1 c, (..I--C,. _ ..I--C-• Grantee: I'a f e all:.. By: By: r_. SAM Title: 4„.,,in.y ,„.. ( Title:D ' r A t1'Al ' // L vices Y uiai ' a STATE OF WASHINGTON ) COUNTY OF SPOKANE ) CITY OF SPOKANE VALLEY) ss I certify that I know or have satisfactory evidence that beh n i s 0-4-'4--P0 , 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 I(9-`111 date of . , 20 fire, . i 44 \-4 J/k�-' �`` riumiir 1 NOTA'Y PU LIC 1��#Q�� • O.�l.��i� In and for the tate of Washington, $ e • Residing at jplee 4,0, IDAi is"MARY gi = My appointment expires: / a /g �/2 li17Atten 461.c z0 �ii11uutiiittO� LEGAL DESCRIPTION DRAINAGE EASEMENT A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 25 NORTH, RANGE 44 EAST, WILLAMETTE MERIDIAN, CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF PARCEL"D" AS SHOWN ON THE RECORD OF SURVEY FOR DIAMOND ROCK CONSTRUCTION, DOCUMENT NUMBER 6367017; THENCE ON AND ALONG THE WESTERLY RIGHT OF WAY OF FLORA ROAD, NORTH 00°05'04" WEST, A DISTANCE OF 226.00 FEET; THENCE NORTH 00°05'41" WEST, A DISTANCE OF 437.78 FEET; THENCE LEAVING SAID RIGHT OF WAY, NORTH 89°54'19" WEST, A DISTANCE OF 5.00 FEET; TO THE TRUE POINT OF BEGINNING FOR THIS EASEMENT; THENCE SOUTH 89°54'19" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 00°05'41" WEST, A DISTANCE OF 105.57 FEET; THENCE NORTH 22°39'42" WEST, A DISTANCE OF 31.53 FEET; THENCE NORTH 39°00'18" WEST, A DISTANCE OF 12.89 FEET; THENCE NORTH 46°21'20" WEST, A DISTANCE OF 17.03 FEET; THENCE NORTH 42°37'58" WEST, A DISTANCE OF 17.02 FEET; THENCE NORTH 02°39'16" WEST, A DISTANCE OF 7.95 FEET; THENCE NORTH 43°49'43" EAST, A DISTANCE OF 8.29 FEET TO THE SOUTHERLY BOUNDARY OF BORDER AND UTILITY EASEMENT NUMBER 1, RECORD DOCUMENT NUMBER 5974917 AND THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 448.27 FEET (SAID RADIUS BEARS SOUTH 10°20'32" WEST) AND A CENTRAL ANGLE OF 1°06'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 79°06'24" EAST 8.62 FEET; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 8.62 FEET; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 44°16'11" EAST, A DISTANCE OF 56.21 FEET; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 15°28'04" EAST, A DISTANCE OF 21.38 FEET; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH 89°54'19" EAST, A DISTANCE OF 4.01 FEET; THENCE LEAVING SAID EASEMENT#1 BOUNDARY, SOUTH 30°40'17" WEST, A DISTANCE OF 21.08 FEET; THENCE SOUTH 00°05'41" EAST, A DISTANCE OF 20.89 FEET; THENCE SOUTH 27°53'20" EAST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 00°09'57" EAST, A DISTANCE OF 68.09 FEET TO THE POINT OF BEGINNING. CONTAINING 3066 SQUARE FEET, MORE OR LESS. , MISSION AVE EXISTING 121 7 R,❑,W, 1110-„-401 3 8 /'- DOC# 5974917 12' BORDER EASEMENT 20' DRAINAGE EASEMENT 15' DRAINAGE \: 5' BORDER EASEMENT N EASEMENT I EXISTING PARCEL B / R.O.W. W E DOC# 6367017 r 30/ S 10' UTILITY EASEMENT % - 13.5' BORDER EASEMENT I � EASEMENT r' � DRAINAGE :j, ZIs D EASEMENT ii 0 UTILITY I p AgiMadiiiiii. EASEMENT -i . — _ 12' BORDER EASEMENT I AFN 45131.0108 i I GRAPHIC SCALE 1'=150' m NE iii 0 150 300 450 DRAINAGE EASEMENT 4 LOCATED WITHIN W C PARCEL 'B' RECORD OF SURVEY - DOC# 6367017 WHIPPLE CONSULTING ENGINEERS A PORTION OF THE NE 1/4, CIVIL AND TRANSPORTATION ENGINEERING SECTION 13, T25N, R44E, W.M. CITY OF SPOKANE 2528 N. SULLIVAN ROAD VALLEY, SPOKANE COUNTY, WASHINGTON SPOKANE VALLEY, WASHINGTON 99216 WCE PROJECT NO. 2014-1236 / OCTOBER 27, 2015