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5786399 Easement, Border: Indiana AveL CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, WA BORDER EASEMENT 04/30/2009 04 21 43 P11 5786399 Recording Fee $46 00 Page 1 of 5 Easement CITY OF SPOKANE VALLEY Spokane Cour(ty Washington 11111111111111111 IIII 1111111111111 IN 11111111111111111111111111111111111111111111111111111 AFTER RECORDING RETURN TO City of Spokane Valley City Clerk 11707 E Sprague Ave., Suite 106 Spokane Valley, WA 99206 Document Title Border Easement Grantor(s) Waste Management of Washington, Inc Gi antee Government, City of Spokane Valley Abbieviated Legal Description Ptn Lot 108 Pinecroft Is`, SWIA 09-25-44 Assessor's Tax Parcel No(s) 45093 0650 Reference No IN THE MATTER OF INDIANA AVENUE, RF No I ;2o I " - KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), WASTE MANAGEMENT OF WASHINGTON, INC , a Delaware corporation, for and in consideration of mutual benefits, the receipt of which is hereby acknowledged, warrants and conveys to the City of Spokane Valley, a municipal corporation of the State of Washington, an BORDER EASEMENT over the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington, to-wit A 14 00 foot wide strip of land being desci ibcd as the north 14 00 feet of the south 23 00 feet of Lot 108 of PINECROFT FIRST ADDITION, as per plat theieof recorded in Volume "M" of Plats, Page 35, TOGETHER WITH that portion of the east half of Johnson Street, as vacated by County Conuiussionei s Resolution No 92-0730, adjoining said 14 00 foot wide strip on the west, AND TOGETHER WITH that portion of the west half of Woodward Street, as vacated by County Commissioners Resolution No 79-0890, adjoining said 14 00 foot wide strip on the cast, Situate in the City of Spokane Valley, County of Spokane, State of Washington The Border 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, grading, drainage, signage and other usage deemed necessary by City of Spokane Valley Development Engineer mg Division for the safety and welfare of the public No fence or portion thereof will be constructed within said Easement without pernussion of the City of Spokane Valley Development Engineering Division, 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, except right-of-way granted or dedicated within this Bordet Easement, and are subject to Spokane Valley permit process prior to usage Giantee shall be responsible for any loss, cost, damage or expense arising from material physical damage to the Easement, or any other of Grantor's lands adjoining the Easement, or claims for (a) personal injuries to or death of any person to the extent resulting directly from actions of Grantee in the use of or e Ta x Exempt Dar 200 ~f R 4is*t Spo untyTmu. my V a. t the access of the Easement by Grantee, its agents, employees, contractors of invitees, or (b) a spill or release of a hazardous substance to the extent caused directly by Grantee, its agents, employees, contractors or invitees in connection with such use Grantor shall be responsible for any loss, cost, damage or expense arising from material physical damage to the Easement, or any other of Grantor's lands adjoining the Easement, or claims for (a) personal ink ui ics to or death of any person to the extent resulting directly fi om actions of Grantor in the use of or the access of the Easement by Grantor, its agents, employees, contractors or Invitees, or (b) a spill or release of a hazardous substance to the extent caused directly by Grantor, its agents, employees, contractors or invitees in connection with such use Upon completion of construction of the Grantee's improvements within the Easement, or upon completion of any subsequent construction, maintenance, repair, or removal which disturbs the surface of the Easement, Grantee will fill all trenches, remove all construction debris and restore, as nearly as possible, the surface of the Easement to its condition prior to commencement of construction Upon completion of any consti uction of the Grantor's i mpt ovements within the Easement, or upon completion of any of Grantor's subsequent construction, maintenance, tepait, or removal which disturbs the surface of the Easement, Grantor will fill all trenches, iemove all construction debiis and restore, as nearly as possible, the surface of the Easement to its condition prior to commencement of construction Subject to the provisions contained in this Easement, Grantor shall maintain all improvements in the Easement in good and safe condition and repair, make all repairs and replacements necessary to maintain such condition, and shall pay all costs and expenses incurred in constructing, maintaining and repairing all improvements in the Easement, unless any such repairs and replacements are made necessary by Grantee's use of the Easement or acts for which Grantee is strictly liable, in which event Grantee shall pay such costs and expenses Notwithstanding the provisions heiein, the Grantee shall maintain the drainage inlets, grates, pipes and drywells used for the disposal of public road drainage Grantee shall not permit or suffer any lien to be put upon or to arise or to accrue against the Easement or the Grantor's lands adjoining the Easement in favor of any person or persons, individual of corporate, futmshing either labor or material in connection with any work undertaken by Grantee pursuant to the rights herein granted Grantee horns in the execution of this Easement for purposes of evidencing its agreement to be bound by Gi antee's covenants and agreements hereinabove set forth All notices and other communications hereunder shall be in writing and shall be deemed given if delivered by hand, marled by registered or certified marl (return receipt requested) or telecopred to the parties at the following addresses (oi at such other addresses for a party as shall be specified by like notice) and shall be deemed given on the date on which so hand-delivered, telecopred or on the third business day following the date on which so marled To Grantee CITY OF SPOKANE VALLEY 11707 East Spi ague Avenue, Suite 106 Spokane Valley, Washington 99206 Attention City Clerk Telccopicr To Grantor WASTE MANAGEMENT OF WASHINGTON, Iii 1C 720 East Butterfield Road, 4"' Floor Lombard, Illinois 60148 Attention Vice President of Real Estate Telecoprer (630) 268-9521 This Easement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument The Easement and the agreements and duties piovrdcd for hcicin 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 The Grantor(s) or their successors in i ntei est agi ee to and shall maintain in good repair the sidewalks, driveways and landscaping to be installed on such property, and when so doing shall not be considered agents of the City of Spokane Valley The City of Spokane Valley shall maintain all drainage inlets, gates, pipes, catch basins, drywells and other drainage structures and appurtenances used for the disposal of public road drainage IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 21S` day of April, 2009 Grantoi WASTE MANAGEMENT OF WASHINGTON, INC a Delaware corporation _ 1,,A& By J lcs T Morgan Its Authorized Representative Grantee CITY OF SPOKANE VALLEY, WASHINGTON _4 ~ By a I / Its n 1Dn-Tj STATE OF ) COUNTY OF SPOIE CITY OF WO ss I certify that 1 know or have satisfactory evidence that is/arc the individual(s) who appeared bcfoic me, and that he/sh hey signed this instrument and acknowledged it to be his/hei/their face and voluntary act for the uses and purposes mentioned in this instrument Dated this date of , 20/9 oe- NOTARY PUBLIC In and for the S at of Deborah L. NendA Residing at Not1ry Public, State of Illinois My Commission xp O1/24J2010 My appointment expires •.=O a 60~~ t i I IW I" O °o I° 0 z 15' ►n J I I I EXHIBIT B I I I I I I I I--JOHNSON STREET PINECROFT FIRST ADDITION WOODWARD STREET I W 2 (VACATED PER VOLUME "M" PG 35 04 (VACATED PER I o I I RES NO 92-0730) RES NO 79-0890)--•I o I~-- I 416 71' I I° ° ° 108 14' BORDER 115' 15'1 ' 15 EASEMENT I 0 10) I 9' PUBLIC RIGHT OF I L5 WAY DEDICATION - - - - - - - L2 I J J ~ ~ 416 71' INDIANA AVENUE N89'40'10"E 446 71' SOUTH LINE M r------------- ° M LOT 108 - -J i r 2 /il Iraq 0 60 SCALE 1 "=60' LINE TABLE LINE BEARING DISTANCE L2 N89 4010E 15 00 L3 N00 00'02"E 10 00 L4 N00 00'02"E 15 00 L5 N89 40'10"E 15 00 L6 N00 00'02"E 25 00 L7 N00 00'02"E 30 00 LANDTEK LLc PROFESSIONAL LAND SURVEYORS 619 N MADEUA STREET SPMANI~ WASHINGTON 99202 PHONE 509 926 2821 FAX 509 926 2736 SPOKANE COUNTY AUDITOR RECORDING & FILING FEE SCHEDULE EFFECTIVE July 26, 2009 -tStaindard 'Fee: 1 11 PP age $6200 Pacbh Additiona11 Page 1100 Exceptions Assignment of Deed of Truss flesignation & Appointment - ~ of Successor Trustee, Appointment of Trustee, and Substitution of Trustee. V Page $14,00 x - Each A°d'ditional Page 100, Deed of Trust: 1 st Page $6300 Each Additional Page 1 00 r Non, Standard Documents carry a $50 00 fee in addition to normal recording fees 131-10th/Death, Certificates $3200 Marriage Dissolution Decree 32 00 Em~pl'oyment Security Documents: 1St Page $5900 " Each Additional Page 1,001 Report of Military Separation Document Fees are: DD 214 No Fee, 'Req,ues9t for Exemption from Public Disclosure, 7,001 , ~ yt IRequvestt ~~uor Disclosure of Disdharget 1419 Fee _ -Re}vo ~ atl' nr Re-Desllgnatlon of Discharge ~No Fee~~~~ } ! t _ t` Request, for Access/ (Copy of Exempt Discharge No FeeM- ulitiple Transaction Documents will be: list Transaction (except above listed exceptions) $6200 Each additional) Page 1 00 Each add'itionaill Transaction Title 62' 00r VCC (Filings l(N'ational Form Accepted) 1st Paget $61211001 Each Additional Page, - 10 01 Multiple Transaction Filings (for each transaction) 16,2 00) ermiration Fillings 62, 001 r I _ ~4~ « 1 2 W r ~ r y ° y y ~xA. . Plats - Surveys - Short Plats - Condo - BSP Plat 24"x36" 1St Page $12800 Surveys 18"x24" 1 S Page 113 00 Short Plat 18"x24" 1St Page 128 00 Binding Site Plan 24"x36" 1St Page 113 00 Each Additional Page 5 00 Land Corner Record No Fee County Issued Licenses Marriage License $5500 Process Server 10 00 Second Hand Dealer 25 00 Pawnbroker 50 00 Dance License (Fee set iy Board of County Commissioners on an individual basis) Process Server - Second Hand Dealer - Pawnbroker licenses MUST be renewed YEARLY Copy Requests and Miscellaneous Fees: Certified Copy 1St Page $300 Regular Copy 1St Page 1 00 Each Additional Page 1 00 Map Copy V t Page 5 00 Each Additional Page 3 00 Search of Records (Per Hour - 1 hour minimum) 8 00 Administering Oath 2 00 Taking Affidavit (With or without Seal) 2 00