5510309 Easement, Border: Mansfield Ave551
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SPOKANE CO ENGINEERING ERS 30.88 Spokane Co, WA
After Recording Return To:
Spokane County Engineer's Office
Attn.: Right of Way Department
1026 West Broadway Avenue
Spokane, WA 99260-0170
Document Title: Easement
Grantor: Pomajevich Investments Co., LLC
Grantee: Government, City of Spokane Valley
Legal Description: SE 1/4 of Section 9, Township 25 N., Range 44 EWM, Spokane Valley, Washington.
Additional Legal Description: See Page I
Assessor's Tax Parcel Number: 45094.0519
Zone Change ZE-109-80
CITY OF SPOKANE VALLEY
DIVISION OF ENGINEERING
Spokane County, Washington
BORDER EASEMENT
IN THE MATTER OF MANSFIELD AVENUE
RF NO. 2112
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, POMAJEVICH INVESTMENTS
CO., LLC, for and in consideration of Mutual Benefits, grants to the City of Spokane Valley, a
political subdivision of the State of Washington, an easement to use the following described real
estate, situated in Spokane County, State of Washington, to-wit:
AFFECTS ASSESSORS PARCEL NO.: 45094.0519
That portion of Lot 20 of PINECROFT FIRST ADDITION as per plat thereof
recorded in Volume "M" of Plats, Page 35, and that portion of vacated Wilbur
Street which attached by operation of law, lying Northerly and Westerly of the
following described line:
BEGINNING at a point on the East Line of Lot 20, said point being 32.00 feet
South of, when measured at right angles, the Proposed Center Line for Mansfield
Avenue as per Survey recorded under Spokane County Auditor's Recording No.
5497724, Book 126, Page 13; thence S87°15'46"W and parallel with said
Proposed Center Line, a distance of 135.07 feet (MOL) to a point opposite Station
11 + 87.62 on the center Line shown on said Record of Survey; thence
S79°32' 15"W, a distance of 45.38 feet; thence Southwesterly along a curve to the
left, concave to the Southeast, having a Radius of 47.50 feet through a central
angle of 77°00'51 a distance of 63.85 feet; thence along a curve to the right,
concave to the Northwest, having a Radius of 77.50 feet through a central angle of
40° 39' 49", a distance of 55.00 feet; thence along a curve to the left, concave to
the Southeast, having a Radius of 37.50 feet through a central angle of 64°50'59",
a distance of 42.44 feet; thence S 21 ° 39' 46" E, a distance of 42.07 feet (MOL),
to a point on the Easterly right of way line for Montgomery Drive, as per CRP No.
1389, the Plans for which can be found in the Office of the Spokane County
Engineer, and the Terminus of this line description.
(continued on Page 2)
R i ; c„P Tax Exempt
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IIIIII II II II II VIII VIII VIII IIIIIII I I VIII III IIII 03g16o2AA7 82:55P
SPOKANE CO ENGINEERING EAS 30.80 Spokane Co. WA
EXCEPT right of way for Mansfield Ave. and Wilbur Rd.
Located in the Southeast Quarter (SE 1/4) of Section 9, Township 25 North,
Range 44 East, W.M., City of Spokane Valley, County of Spokane, Washington.
The easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized
agents, and to the public for road purposes, including but not limited to curbs, sidewalks,
drainage, signage and other usage deemed necessary by the City of Spokane Valley Division of
Engineering for the safety and welfare of the public. No fence or portion thereof will be
constructed within said easement without permission of the City of Spokane Valley Division of
Engineering, nor will any objects be placed in said easement that would obstruct the sight
distance necessary for safe and efficient vehicular movement. Any other easements granted or
dedicated within this easement area will be subordinate to the rights created by this easement and
are subject to the City of Spokane Valley Division of Engineering permit process prior to usage.
The easement and the agreements and duties provided for herein shall run with the land and shall
be binding on the parties referenced herein, their heirs, successors and assigns.
The City of Spokane Valley agrees to and shall install drainage facilities and sidewalk in the
above described property according to the approved plans on file with the City of Spokane Valley
Division of Engineering. The City of Spokane Valley or their successors in interest agree to and
shall maintain in good repair the sidewalks and landscaping to be installed in such property.
The City of Spokane Valley shall maintain all drainage inlets, grates, pipes, and drywells used for
the disposal of public road drainage.
IN WITNESS WHEREOF, the dersigned has caused this instrument to be executed on this
9 v day of , 2007.
By
STATE OF WASHINGTON )
COUNTY OF SPOKANE ) ss
I certify that I know or have satisfactory evidence that J. Grant Person is the individual who
appeared before me, and said individuals acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Attorney in
Fact for Pomajevich Investments Co., LLC, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated this 9 - day of jl~j It 0- 2007.
NOTARY PUBLIC
STATE OF WASHING-TON'
FREDERICK J. FOSS
My appointment expires March , ?008
NOTARY PUBLIC
In and for the State of Washington,
residing at Spokane.
My appointment expires: 3 - I ' 23
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AREAS NEEDED FOR PROJECT:
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O 63,590.36 S. F. REMA\:DER
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I ORDER EASEMENT
H = 30 FEET
OFFICE ot' C.R.P. No. 3016
hOKANt~ COtjNT~
W. 106 BROADWAY .A\`F' ~ (MANSFIELD AVENUE
shoK:~n~, w:^. ~~1Ur, -OMERY AVE TO CHERRY ST
1600
S0c1Ty6Z;ne swl~
..;o0val
11707 E. Sprague Ave. - Suite 106 - Spokane Valley, WA 99206
(509) 921-1000 - Fax (509) 921-1008 - cityhall@spokanevalley.org
March 12, 2007
Pomajevich Investments Co., LLC
CIO J. Grant Person
11219 E. Sundown
City of Spokane Valley, WA 99206
RE: Zone Change ZE-109-80
Affecting Assessor Tax Parcel No. 45094.0519
The City of Spokane Valley acknowledges and accepts that the right of way conveyance
has fully satisfied the following conditions for Mansfield Avenue/Wilbur Road, as set
forth in ZE-109-80, and agreed upon in the Letter of Agreement executed between the
City Spokane Valley and J. Grant Person, Pomajevich Investments Co., LLC dated
January 30, 2007, and signed on February 1 by Mr. Person, and signed on February 5 by
Mr. Kersten.
Conditions: Page 2, Paragraph D, sub-paragraph b), numbers 1,2,4,8, and 9; AND Pages
3 & 4, Paragraph D, sub-paragraph e), numbers 5 and 9 exclusively.
Said transaction has determined to be completed since all documents relating to this
transaction have been approved by the Parties and all documents requiring validation are
recorded in the Office of the Spokane County Auditor. The City of Spokane Valley now
issues this letter of Satisfaction of Conditions to (property owner) specifically for only
those conditions listed herein.
The satisfaction of these conditions for road improvements will not relieve the property
owner of any other conditions or requirements specified in the findings of fact for the
zone change and/or short plat affecting the above described property.
CITY OF SPOKANE V EY
D
Neil Kersten, P lic Works Director Date
POMAJEVICH
J. Aram Persorf, Xttotney in Fact
CO., LLC
Date
CS ITY of
' pokoane
40;00VA ley
11707 E. 5Pra9ue Ave. - Suite 106 - SPokane ValleY, WA 99206
(509) 921-1000 - Fax (509) 921-1008 - cityhall@spokanevalley.org
January 30, 2007
Pomajevich Investments, L.L.C.
C/O J. Grant Person, Developer
11219 E. Sundown
Spokane Valley, WA 99206
RE: Zone Change ZE-109-80
Affecting Assessor Tax Parcel No. 45094.0519
I do hereby voluntarily agree, on behalf of the property Owner, Pomajevich Investments,
L.L.C., to convey designated portions of the above referenced property as Right of Way
and Border Easements to the City of Spokane Valley provided that the City agrees to
acknowledge and accept that said conveyances will fully satisfy the following conditions
for Mansfield Avenue/Wilbur Road, as set forth in the attached document identified as
Exhibit `A' and referenced as ZE-109-80. Specific conditions of ZE-109-80 affected by
this Agreement are as follows:
Conditions: Page 2, Paragraph D, sub-paragraph b), numbers 1, 2, 4, 8, and 9;
And Pages 3 & 4, Paragraph D, sub-paragraph e), numbers 5 and 9
exclusively
The satisfaction of these conditions for road improvements will not relieve the property
owner of any other conditions or requirements specified in the findings of fact for the
zone change affecting the above described property.
Said transaction shall be determined to be completed once all documents relating to this
transaction have been approved by the Parties and all documents requiring validation are
recorded in the Office of the Spokane County Auditor. At such time the City of Spokane
Valley will issue a letter of Satisfaction of Conditions to the property owner specifically
for only those conditions listed herein.
J. Grant Person, Pomajevich Investments January 30, 2007
Zone Change ZE-109-80 Page 2
PROPERTY OWNER REPRESENTATIVE
/ Zooms
Date
CITY OF SPOKANE VAL Y
Z
Neil Kersten, Pt1c Works Director Date