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27678 ENGINEERS REVIEW Page I of 2 ~ Rodney Pegram From: John Hohman Sent: Tuesday, Septembeer 04, 20[}7 1:19 PM To: "John Saywers` Cc: Ryan Brodavater; Radney Pegram Subject: RE: Shelley Lak~ ~amine L.ane manhole John, Thanks for your email. I had achanr-e to Iook at it again and it appears that the issue may t~e r-aused by +the sefitfement of the soad and curb where it connects to the older phase. It laoks Iike there has been ponding along the curb and roadway on both the west and cast s6de of ihe road. I suggest that yau to flood that pQrtion of the I roadway to see if posifive drainage towards the swaNes occurs. Please caordinate this test wi4h Rod Pegram rrvhen you 4~ave an oPportunity. Thanks, John Hohrnan From: Jvhn Saywers [mailto.johnsaywers@msn.corn] Sent: Weinesdayr August 29, 2007 12;46 PN1 T"o: John Hohnnan ~ Cc: Busker Heitman; steve@baekrnanandblumel.cam Subject; Shefley Lake Carnine Lane manhole . Johrr, I recen#ly inspected the manhole vn Ca.rnine iane. Please see attached bui1t survey data shQwing that the - manhole is approximately 0.10 feet high. We ar+e requesting that the manhole be Ieft as constructed for the following reasans, 1, This is a private road, The manhole has be+en bn ,place for approximately four years and has not had any damage to t# in #hat period from snow pIows Qr anything else. 3. There have neves taeen an~y complaints nQr has it been an any punch list from the two previous mnsulting engineering firms and has never been mentioned on previQUs walkthroughs with the City vf Spokane 1falley. 4. This stree# doesn't front any houses and has a very !ow ~~affic volurne. 5. VYth the low traffic valume and lowr speeds due ta the proxirnity of the streetr there is no khreat io the pubdic health, safety an+d welfare_ 6. Ilf the manhole is Iowered there is the possibility of future darnage to the street due to the patch wark tha# wi1l r~~ed to take pCace. 7_ The bond has been reduced to only drainage ifiems Ieading us to beiieve that previous punch Nist were accurate and complete with regards to 4he road. 8_ And of course the cost of this adjustment is very high and Ehe beneft is questionable due to the lacation and traffic volume. If tt ►xere on Sprague or another main Arterial the manhole should be adjusted. PI~ase note tha# you and I have seen worse on existing main arteria#s and are not adjusted. • Please respond as soon as possible as wre are trying tv close #.his praject out ~o we carr camplete the next additian. Thanks for ynur consideration on this issue. 9:i 17/210Q7 ~ Page ? of 2 r ' Sincerely, 5aaywers Engineering John F. Saywers, F'. E, 327 'W'. 8th Ave. Suite 202 Spc+kane9 WA 99204 Ph.(509)744-1300 Fax (509)7"-0304 Cefl (509)869-9378 e-rnail johnsaywers@msn.com 9l 1 71~~07 _ ~ P a~~~ I to f ] Rodney Pegramu From; Re3dney Pegram Sent: Tuesday, Augu5t 21, 2007 10:40 ANI To: John Hohman Cc: Henry Allen; Glvria Mantz: Ryan Brodwater Subjeet: Shelly Lake, 4t.h Add. PE-1 750D John, I ca11ed JoYrn Savrryers yesterday, Man. 8-20-07, to arrange a meeting orrsite at thrs praject. He was nvt available and I Iett a message. Man day PM I received a phvne cali firorn GFanna Adarns who wxas refurning rrry calI for John. Later Gianrra was at permit setvices an+d we discussed a meefing invafving the Harneowners Association. They do not feel that the Homeow~ers Association shou4d be invofved. 5he also stated that the c.atch basins had the 2" depression that was required. The grate apron that is failing wiil be replaced. They are stall saying that the sewer manhole i.' okayp Lhat it f Ias 1.1een 4! Crough winI.er s~~~ ~emovaI wi1~ou4 damagQr, and 1hat it was not 'Qn 414e Qriginal punch list. Ifelfi the discussiort was not proceeding and decided tv wait fve y!our return to discuss #arther. Rod 9l17f?0fJ7 Page 1 of ? Rodney Pegram From: Rodney Pegram Sent: Tuesday, August 14, 2007 2:18 PM To: 'Gianna Adams' Subject: RE: Sheliy Lake Addition Gianna, The city still needs to have the sewer manhole northeast of 9th Lane on Camine Lane lowered Also. what takes piace where the pavement ends at the southwest end of Camine Lane in the 4th addition Rod From: Gianna Adams [maitto:giannaadams@msn.com] Sent: Monday, August 13, 2007 3:50 PM To: Rodney Pegram Subject: RE: Shelly Lake Addition How about 9:15? i have to drop my son off at 9 and then I will head straight over there. Original Message From: Rodney Pegram [mailto:rpegram@spokanevalley.org] Sent: Monday, August 13, 2007 3:49 PM To: Gianna Adams Subject: RE: Shelly Lake Addition Tomorrow at 9 00 AM on site? From: Gianna Adams [mailto:giannaadams@msn.com] Sent: Monday, August 13, 2007 3:46 PM To: Rodney Pegram Subject: RE: Shelly Lake Addition I can adjust my schedule to meet you as early as possible I need to have this project done very saon, so just let me know when and I will be there. -Original MessagE From: Rodney Pegram [mailto: rpegram@spokanevalley.org] Sent: Monday, August 13, 2007 3:35 PM To: Gianna Adams Cc: John Hohman Subject: RE: Shelly Lake Addition Gianra. I went to the site with John Hohman this PM. He pointed out some !tems that were suppos; tc be done, but weren't. When would be a good time to meet on site? Rod From: Gianna Adams [mailto:giannaadams@msn.com] 9117/2U07 Paut' 2 Of 2 r" Sent: Monday, August 13, 2007 11:37 AM To: Rodney Pegram Subject: RE: Shelfy Lake Addition Good moming Rod. I was checking in with you on the status of the submittal for the Shelley Lake 4'' Addition certification package. I haven't heard anything since it was submitted on July 25th. I would like to know as soon as we have approval so that we can get the 5th Addition package tumed in as wetl. Sincerely, Gianna Adams -Original Message - From: Rodney Pegram [mailto:rpegram@spokanevalley.org] Sent: Monday, July 16, 2007 9:12 AM To: giannaadams@msn.com Subject: Shelly Lake Addition Gianna, Was you needing anything from me regarding the 4th and 5th additions? A thought came to me this moming that there was, but I do not recall what that may have been. Rod 9/17/20U7 ~ 14 Vlfashm nmix n' Trust Bartk ~ Illr aMENDMENT # 0 1 TO IRR.EVOCABLE STANDBY LETTER OF CREDIT NO. 22079 DATED: SEPTEMBER 11, 2003 AMOLINT: $71.500.00 0C 1'oBEx 2-3, 20 0 7 RECEIVED CSV Developmant Engjrreeriflg City of Spakane Valley . 11707 E. Sprasue, Suite 106 QU,~ 7 Spokane Val ley, WA 99206 & _t 7~ D Attn: John Holiman submittat ~ I,adies and Gentlemen: "I'his letter will serve as our Amendment to Letter af Credit No. 22079 in your favor for the account of SHELLEY LAKE DEVELOPMENT, LLC, $225 N. Division, Spokane, WA 99208-5714 up to the aggregate amount of SEVENTY ONE THOUSAND FIVE HUNDRED AND NO/100 DOI,I.ARS ($71.500.00) covering Shelley I..ake 4"' Addition as follows: • Acnend dollar value FRON1 "$71,500.00" 7'0"$2.70U.U0''. All other ttrnls aiid conditions ot'Letter of Crcdit No. 22079 remain unchwiged. Sincerely, % Stacy Klement Corporate Banl:ing Officer Commercial Service Group Wa,~hington l'rust I-Inancial Ccntcr O. Box 2127, Spokane, V1'a5hinticun 99210-2127 (509) 353-4177 Fax (509) 353-3905 _ J 1IVhsh1 ~'t ~n~C Tr~u ~CTc~BE, R 23, 2007 City af Spokar,e 'ilalley 11707 E. Sprague, Suite 106 Spcakane Valleyp WA 99206 - Attn; John Hohman RE: Irrevocable Staz-rdby I.etter c~f Credit No, 22079 SIELLEY LAKE I~EV~'s~~OPiVfENT, LLC Ladies and Gcntlemen: Attached is an ainendmcnt on the abave referene.ed L-efiter of Credit. P"lease acknowtedUe y-our acceptance or refusal raf this amendment by signing the acknmvledger~~ent below arrd return this letter to us in the enveiope prvrrided. Thank you ior youu prompt response regarding this anendnaczlt. Sii~~~re~ ~ Stacy Klement ~ Corporate Bavki-ng Officer Cvmmercial Service Group ACI~OVVLEDGEM~NT. i We her~~~ ~cknowl+edge that we ACCEI'T OIt REFL~SF, the arnend.ment on the , abc~ve referenced L,etter of Credit, CITY OF SPOKANE VALLEY BY: TITLsE: 92. W:cshington Trust Finaigeial Ceaiter 31. [l. Bs:yx 2127, Spokanc, Wa~,hingtan 49210-2127 (509) 353-4109 Pax (549) 353-3905 _ , ~ Washirx3ton Trust Barik 111 ~ I-RREVOCABLE STANDI31' LETTER OF GREDIT NO. ~ DATE: SEPTEMBER 11, 2003 AMOUNT: S71,500.00 City of'Spokanc \'allcy 17707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Attn: John Hohman Gcri;lcn~ca: I We hereby establish our Irrevocable Standby Letter of Credit No. 22079 in your favor for the account of SHELLEY LAKE DEVELOPMENT, LLC, 8225 N. Division, Spokane, WA 99208- 5714 up to the aggregate amount of SEVENTY ONE THOUSAND FNE HUNDRED AND NO/100 Dollars ($71,500.00) U.S. currency, available by your draft(s) drawn at sight on us and presented to Washin~ton Trust Bank on or before SEPTEMBER 11, 2004 or any extended date covering Shelley Lake 4` Additiocl and accompanied by the following: l. A signed statement from the City of Spokane Valley reading exactly as follows: , "I, the undersigned duly authorized representative of the City of Spokane Valley, hereby certify that the draft drawn under this Letter of Credit represents the amount of money required to complete the installation of roadway improvements including graciing, gravel, paving, curbs, sidewalks, I storm drainage, drainage swales, monuments, street signs and/or other work as is incidental and related thereto in accordance with the drawings aiid specifications as submitted to and approved by the City of Spokane Valley." 2. The original of this Letter of Credit. It is a condition of this Letter of Credit that it shall be automatically extended, without aniendment, for an additional period of one year from the present expiration date or each future expiration date, unless we have notified you in writing not less than thirty (30) days before such expiration date, that we elect not to renew this Lctter of Crcdit. All written noti fication shall be scnt via registered mail. All drafts presented under tlle credit must contain the clause "Drawn under Washington Trust Bank Letter of Credit No. 22079". Washin~,*ton "frust Financ►al Ccntcr P O. 13ox 2127. Spol.ane, Wa.shingtun 99210-2127 (50t9) 353_4224 Fax (509) 3;1_190j ~ City ul'Spokatie Val Iz`, Irrevocable Standby Lettcr ol'Credit \u. 212079 SEPTEMBER 1 I , 20033 Page Two of Two Any vid all banking charges, othcC II1ilI1 thosc of thc 1SSlll11~ hank, are tor the account of the benefician~. . We hereby engage witli the drawc:rs wlci bona lide tiolders of drafts drawn under wid in conipliaiice with the tenns of this Letter of Gredit that the drafts will be duly honored upon presentalion and delive.ry of docurnents, as specified, te Washir,gtor. Trust Bank, International DePartment; 717 W. Sprague Ave., lOth Floor, Spokane, Washington 99201, on or before SEPTEMBER 11. 2004 or any extended date. All drawings under this credit will be governed by the Uniform Customs & Practice ror Doctimentary Credits (1993 Revisioii i (_1I;ii1 lhcr o t-(-'~~►>>n~~i~:: P<<blicatio>, \o~. 5incercl\, ~ Renne R. Ditton Assistant V ice Yresident lIltc.'Cllajloil1~ BaI1k111`' DtpSI"lilleill RRn`Illss CS ITI UF ne 00%lley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.100$ ♦ cityhallOspokanevalley.orsrn October 16, 2007 Gianna Adams Sawyers Engineering 327 W. 8`hAve, Suite 202 Spokane, WA 99204 Re: Shelly Lake 5~' Addition SUB-08-05/ REZ-09-05 Acceptance Letter Dear Ms. Adams, This is to notify you that the record drawings and certification package have been accepted for Shelly Lake, 5`hAddition. A reduction amount of $2700.00 was retained from the Letter of Credit, #22079, on Shelly Lake, 4t' Addition. This was the Engineers estimate for ponds at the 4~' and 5th Add.itions. Lf you have any further questions, please conta.ct me at 688-0025. Sincerely, i Rodney D. Pegram Development Engineering Inspector City of Spakane Valley Cc: Shelly Lake Development, LLC, 8225 N. Divisian, SPokane, WA 99208 Development Engineering Project File t ~ ne p ,,;OoValley 11707 ESpr-ague Ave 5uite 106 * Spokane Valley 1NA 49206 509.921.7000 Fac: 509.927.1008 # cityhaftspokanevaLEey.org October 15, 2007 Attn: Kerri Schooterafl Washington Trust Bank P'O Bax 2127 Spokane, WA 99210 Re. Rcductiva of Letter of Credit 422079 FE- I 750D~ Sheljy Lake 4 t' Add. (Private) ~ear Ms. Ditton `Ihe above referenced project has been acc+epted by the City of Spokane Valley, except far the fina1 aggroval ofthe pondsl swales. The Engineers estimate for fihis work is $2700.00. P1ease reduce the Trrevoca6le Standby T.,etter af Credit ft 22079, in the amount or$71,5D0.00 to $2700'.00. . If yuu liave any questions, pre-Lise contact i-ne at 688-0025. ~incere~y, Pegrani 4.Rody Developrtaent Inspector City of Spokane Vajley cc: She1ly L.akc Uevelopnieiit, [.,LC, 8225N. Divisioii, Spokane, WA? 99208 Saywers Engi~~ering, 327 W. Sh Ave., Suite 202, Spc~kanes WA 99204 I]evelopment Eaigineering PrQject I'iles PE 1750D - Shelley Lake 4`h Addition Bob Graham, STI Northwest Inc, requested a bond reduction on 8/28/03 but no action has been taken on that request. Washington Tnist Bank verified the $71,500 construction Letter of Credit is still valid. We could not find that certification package deficiencies noted by Kevin Severance on 12/3/04 bave been addressed. We reviewed the punch list developed by John Hohman and Ryan Spidahl, Metro Engineering, on 7/ 1 b/04. The current condition of deficient items is described below: 1. Catch basin raised and apron replaced - not done 2. Cracks in curb & gutter - large cracks filled with rubberized adhesive and smaller cracks patched with epoxy. 3. Ponds A& B not finished - Pond A irrigated and seeded. Pond B still has not been final graded or the weeds removed. 4. Pond A has crack in inlet - Crack has been epoxy patched. Cracking noted in several aprons on Pond A but do not appear significant enough to replace aprons. 5. Pond C relocated but not noted on as-builts - Pond C has evidently been constructed opposite Pond D in the undeveloped area. Both ponds have only been rough-graded. It also appears the size of Pond C will be decreased if Shelley L,ane is extended. John Hohman requested a new drainage plan to be submitted but no record in files ihat this has been done. The developer may be waiting to tinish the poiids since housing construction is still ongoing adjacent to the unfinished ponds. Reconunendation - Tlus construction is all on private roads. Does the City of Spokane Valley bave an interest in roadway construction in addition to the 208 ponds and will a warranty bond be required? In any case the redesigned plan for Pond C should be submitted and the punch list items resolved before reducing or releasing the surety bond. Please let me know if there is mon that we can do to speed up the process. I'lie following files were not found either downstairs or across the street. We even had Julie check to make sure we didn't overlook them. PE 1339 - Alcott Grove Addition File not located. According to spreadsheet bond was issued in 1984 and released in 2041. Consider tlus file closed since no other information available. PE 981 - Southern Mobile 1-Iume Park File not located. According to spreadsheet bond was issued in 1980 and relea.sed in 2000. Consider this file closed since no other information available. PE 1345 - Kirken Gut6rie/Carpenter ~ File not locatcd. According to spreadsheet bond was issued in 1985 and relcased in 2001. Consider this (ile closed sinre no other inforniation availahle. PE 1649F - F.vergreen Pt. 6te Addition File not located. According to spreadsheet bond was issued in 1991 and released in 2000. Consider this file closed since no other information availablc. 1'll .vork on thc Vallcy 1'iiies legal letter and have it ready tor you to review tomorrow. Allan Jackson J Alysa, Listed belnw are status updates for 8 prqjects. We will update the surety inspectton spr~adsheet accordingly uniess we hear different1y trom you. Twoprojects, SP1?5IA and PE I750D, will te marked incomplete and require adciitioflal action. SP 611-90 - Single Residence No inforrnation pertaining to this project w•as totu7d in any ~~Spakane Valley file locations. It is impossibIe fo do additional researeh without knawing where or when this cvnstructio~ took place Rec.ammendaxion - Con;sider #.his project cIosed. SF 1251A - UR 3,5 5ingle Res. Alteration This project is located on the narth side of Valley Way immediately east of Evergr~en Road. 'Me only irforriiatian found in the files vwas a singIe 2002 constrtaction pZan sheet and several designs for 208 drainage swates. No bondyng informatian, certificativn pac;kage, or record dr7wings available. All work (ACP paving on Valley Way, sidewalk, curb & gutter, drywells, sw°a1es7 etc.) appears to have been completed exc:epfi for secding the Tract E drain~ge swale. Constructian of a commercia1 building and two hornes has been completed and cvnstructits~ ~f the reniaining residence is alnle~~t finished. This project was recently constructed ~ere shottld be rnore infoerriatior~ available. Is the main pcartion ofthe file lnca#ed somewhere that we (and Julie) have not b+ee-nable to find? Coutd the inforrnation be found under adifTerenl fzZe name? Is it possible that S:irxa~~on ~~gineers has the missing infomiation? Was a wa1k-thTaug,h cond~~~ed by John or Saridra? Shauldn't this project reyuire a waxranty bond? We wi11 not be abIe to update the current status of ihis project and ma:c a recommendation without more inforin.a~ion. PE l 414B - Riverw~lk 3rd Addi#ion 1 he coiistruction bvnd was released on 5l27l99 by Bill Hemrnings, Spokane County Dev~lopment Senvices Engineer, after Spokane County ackriowledged receiving a $2,123.[}0 °warrajity bcand. rl'his Nvarranty lond was t+a be lirnited ta one year expinng on 4120100. Howfever the actuaI warrranty bond, bond number, or nane of the handing company was not found in the fites. A field revsew noted t:hat the major paxt of the project is now desigrtated priwate roads. No deficiencies were noted on Indiana Avenue, the only public roaci within the groject limiis. FLecommen+datit~n - Consider this project closed withvut further action. 'I'he warranty bond ca.n be released in the event it did not automatrc-ally expire. Message Page 1 of l Sandra Raskell From: Kevin Severance Sent: Friday, December 03, 2004 11:05 AM To: John Hohman Cc: Sandra Raskell Subject: Shelley Lake 2nd and 4th addition Cert. John, After reviewing the certification packages for Shelley Lake 2nd and 4th additions, I've found a Iist of major issues pertaining to the deficiencies of each of them. The lists are as follows: Shelley Lake 2nd Addition 1.) The engineer is only certifying that the project was, at one time, in compliance with the approved design and atl applicable standards. He makes no guarantee that the home builders and/or new home owners haven't gone in and substantially changed any of the items certified. Even though there was no walk-through made or any confirmation made at the time of ultimate perfection and it is obvious that things are not in that condition any longer, if they ever were. 2.) The last correspondence in the cert. package is from 1999. This was following a memo from Spokane County Utilities informing them that they still had a faiiing manhole in their system. There is no confirmation that this was addressed further from either side. Thene is no mention of the walk-through that was made by us in August, 2003 or the resulting repairs noted at that time. Not to mention the incomplete swales that had been certified as not passing. 3.) Test results, particularly compaction and density #s, have been rounded up in order to reflect passing percentages. There is also no temperature measurement shown with the asphalt density tests to confirm that passing re-tests could actually have been acheived_ ort #50 Where was the contractor paving? Report reflects minimal field supervision of asphalt 4.) Field rep placement. There's no log of tests taken. Tech claims all tests taken failed - then he had to leave. No passing results have been submitted for this unknown location of pavement placement. Shelley Lake 4th Addition 1.) The engineer is onfy certifying that the project was, at one time, in compliance with the approved design and all applicable standards. He makes no guarantee that the home builders and/or new home owners haven't gone in and substantially changed any of the items certified. Even though there was no walk-through made or any confirmation made at the time of ultimate perfection and it is obvious that things are not in that condition any longer, if they ever were 2.) The last correspondence in the cert. package is from March, 2003. This was referring to sewer construction taking place. No further correspondence relating to anything above the sewer line or its passing status as a system are included. There is no mention of the walk-through that was made by us in August, 2003 or the resulting repairs noted at that time. 3.) Test resutts, particulariy compaction and density #s, have been rounded up in order to reflect passing percentages. There is also no temperature measurement shown with the asphalt density tests to confirm that passing re-tests could actually have been acheived. 12/6/2004 ~ . SEP. -15' 03 (MON) 09 : 32 LAVDN1ARk P` "QERS TEL ~ 509 46" P. 004 1 ~ 4962280 ~ ~ ► .:091~~~2~I 04':,,P S~tLFY 1111~ DEV EAS 525. QQ Sookir►e Co, WII After Recording Return To: City of Spokanc VaUey R. E. F.xcM Tox Exentpt ~ Attt~.: Engineering Department ~momty,lum Docunxat Tide: Temposary Druinnge Ease,►rent Bv Nbx~ Grantor(s): C and G Partntrship, Grant C. Rice, Naarrti C. Scortberg and Shelley Gak~ Eslales Homeowrters ~Issoc. Grantee(s): Ciry of SDokane vvlley crnd Shelley Lake Estrrtes Nomeowrters Ass4ciation Abbreviaoed Ltgal Description: A portion oJSouthwe,st '1. of Section 24, 76wnship25 N. and Roage 44 East L.e0 Deacripeon: See Aaached Exhibfts A and B. Assessot's Tax Parcel Number. A ponion of Parcel No 45245.91 SS CITY' OF SPOK:ANE VALLEY 17MSION OF ENGMERYNG City of Spokane Valley, Washington 'x'EMFORA,RY DRAINAGE EASEMENT IN THE MATTER OF Shelley I.ake Fmurth Additton KNOW AL.L MEN BY THESE PMSENTS, that the Grantor(s), C& G Parmership, Grant C. Rice, Naomi C. Scottberg and Sheliey Lake Estates HoTneownczs Association for and in consideratioa of Mutual Benefits, the reeeipts of which is hereby ackriowledged, grants to City of Spokane Valley, a political subdivision of the State of Washington, and tha Shclley Lake Estates Homeowners A$sociation, an Easement over, upon, and across the temporary drainage area, legally dcscnbed in the attached Eachibit A and B. The Easement granted to City of Spokane Valley, its authorized agents and the Shelley Lake Estates Homeowners Association is for the purpose of allowing stormwater draanage andlor ivnoff over and across thc above-described lands, including but not limited to disposal into a drainage facility or facilities located within the same above-described lands_ The Grantor(s), their successors in interest and/or Shelley Lake Estaies Homeowners Association, hereby agree not to obstruct, artificially collect or dischargc ihc flow across or adjacent to the above described lands. The Crranxar(s), their successors in interest and/or Shelley Lake EstQtes Homeowners Assoeiatian, agrec that Thc City of Spoksne Valley accepts no responsibility for maintaini.ng this Easemeni. The Easement grants to Thc City of Spokane Valley, its authorized sgents andlor the Shelley r.ake Estates Homeowners Association, the right of ingress and egress to, over, and from said Ea,sement for the purpose of inspection and emergency maintenance of drainage facilities. The Grantor(s) andlor their successors in interest hereby accept complete and total responsibility for the construcaon of the facilities located within this Easement per the accepted road and drainage plans on file in the office of the City of Spokane Valley Engineer. The Grrmtor(s), their successors in interest, andlor the Shelley Lake Estates 1Yomeowners ,4ssociarion, heraby accept complete and total responsibility for the perpetual maintcnance of the facilities located within this Easement. Yf the Grantor(s), thtir successors in interest and/or Shelley Lake Fstates SEp. - 15' 033 (NION) 09 : '33 LANDN1ARK P` ' DER5 TEL:509 46" P. 00 3" r I ~~I qVFJzZ8U -Ii~10W o09:11p MLFY LAKE UY El~S •~25:00 Sdakane Co. W4 Homeowners Assaciarion fail to maintain the fazilxfics, a nolice vf such failure may be given to the Gmtor(s), their succcssors an interrcst andlvr Shelbv LcJrke Estates Homeowners Ass6ciation. If not cvrmterd wltWn the genod indicated can said notice, The City of Spokane Valley has the righ.t to cor-ect the mm'ntenance NiIure, or have it corrected, afi t~e expense of the Grantor(s), their suc~~ssory in in#erest and/vr S"he!!ey .Lake ~'sfcrtes HorneowraerS .4ssociafaon. This Easemeat wilt terminate at such time the described areas are platwd. ,At that tirne, the property subject ta the Easeraent desrnibed hereiu sha,all revert to Qmtor(s), their srcccessors in interesfi aadlor .ShelT~ Lake Estrrtes Horneawners Assocratiors free a.nd clear of any elaim by The City of Spokane 4'aUey and its assigns to the continued n-ght to property subjcct to t~e Easerflent. The Grantor(s), t.heir successors in in#erest and Shelley Lake Esrates .Ff+vmeowners Associarrnn haeby^ x~lewe The City af SpoYkanc Va1Zey, and a11 af its officers, empIayees and agents from any responsibility or liabilittyF for an.y damage vvhatsoever anclttding inverse condmnation by or ta any and all pmons or praperty arising vut of or in any way incidcnt to or at#ributable to the storm dra%nage wi~ ~e Easement. TMs Easement dcsccribed heminabove is to and shaIl ruu with the 1aad. N'~ modification of the bou~daries of said Ease-neut can be rnade v6thaut prior approval of The City of Spokane ValIey. Dated thxs //r)->day of_SL 2003 C & G PARTNER.SHIP . GRAN'T C. RICL I NAOMI C. SCOT'I"`BERG SHB,UY LAKE ESTAfiES HOMEOWNERS ASSOCIATIC}N f3y. SEP. -I5` 031MCN) 09,34 LANaIIrARf~ ~DERS TEL9 46' F. 006 qV0zzaU , ~ 09~1212003 04,11P Il ~ s~~ ~Q DEr ~s ~~~U C-o, tk STATE aF WAsfflN~~ON ~ ) ss. C+vunty of Spokane ~ - SO-VQ,+ On this ~ day of _ 2003, before me* the understgned, aNot2zy Public in pd for th~e S~ ~te ~f Washington, du.ly +~ori~rnis~siane~d and sworn, pesor~alty appe~ to me ]nawn to bc a Manager of C & G Partncrship, a A ~ Washington geneTal partaaersh.i hat execute+d the foregoing in-stvrnent and acknowledged the said -instumemt ta be the free and voluntary act and deed of said general partnership for the uges and pu-rpQSes thereira r,neatiomed, and on oath stated that he is authorizcd to cxecute, the said instrtnent. z,%Nstt hand and officia.1 se,~l h~~eto a~'ixed the ++~.~.ay an~i year first ak~nve ~ ~ ~ r j~ r N v 0Public in and for the State of z ~;T ~YY'~'iLll.i~an' r~i~g `e~.t Sp{~k~~r ~~"JI4 OP WAS%%~` NIy Appvi.ntinmt Expires: c-~ ~ STATF. ClF WASHLNGTflN ~ } ss. Co=ty ofSpokane ~ On this day persanally aFPeared before me Grant C. Rice, to m.e knawn t0 br, the indxviduat d+esscribeci in and wco executel the within and foregoing instrt=ant~ and acknawle:dged that he signed the s=e ~ ~e and voIuntary act and deed, for the uses and Faposed themin mentioned. GIV~N undeTmy hand and official seal thus day vf + 2003. - ~ NOfiARY SEAL L1~~I1 rF X011 ~ 1~~ N(~ 1.t~b1iC 1~'1 ~71C~ I" #~1~ S~te Uf zj~ -at~hEl.~ ~ ~f ~U`ashin~c~n, r~ic~ing a# ~'gvkan.e. 4p~~ ApPou~~t expires_ 0 S~O 7 z~~~~~~~~ i o ~ 1i4K14 1 ftl+~~S%k SEP, -15~' 03 fMONM 09:34 LANDMARK P' 'DERS TEl~~ 509 46' . . , ~ ~19 ;ilP ~ RUEf lAKE DV' EAS 425,40 5p4kam tC, V1 STATF, OF WASHTNG7O~]' ~ ) ss. Cvunty of Spvkane ~ On this day personally appeared before me Naomi C. Sc+vttberg to me knvwn tn be the individual de.scn'bed in and wha executed the within and fore-aoing instruenent, and ac'knowledged that hc signed the same as his .fr~e and voiuntary ac~ =d de,ed, for the uses and Purpc~sed thereian mentioned_ GI'N under rny hand and off cial seal this day of ~ •2003. K.1~ti~ f~o X ~,,,,,'ti++►+w~p~~ 4.0.~*` ~21 ~ r a +.i'~ NoFublic in and far the State ~of ~as ~tton, ~r~siding at ~pokane. ~ I1%~~~ Ap~ Pou~tm.ent exp~;s. . ~ STATE C3F WA,5ENGTON~ ~ ) ss• Cou.nhy of Spokane ~ C)n t~iis I ~ day of 54 at 2003, before mea the undersigned, a Notary Fubtic in and for the Statc vf Wastington, duly canunissioned and swom., personallly appeared 6 0".4 ~ 10..+ st-om. -*r%~ to me tcnvwn fio be the PRESIDENT af Shcliey T.,alce E,states Homeo'w'riers Associatiort, a W&qhaiaa.gton ntnprofit corparatron, the c.orporation tha4 executed the foregoing izismment and ackn+awledged the said instr=ent tv be the free and VQlrantary act and deed of said corparatian for the uses and purposes therein mentioned, and on vath statei that he is authar~~ed to execcute the said instrunent. Witness my hand and afficiai seal herYeto affixed the day and year first above written, ~D PA'°r~ ~ ~i~•*• ~OTA,/~~ i~'~, No~ ~`L1bl1c 3~k fO~" ~e ~t~ 4f ~Washing'tonfresidingatSpokane ~ BL%o My Appointment Expires: Akv, ;•.F!►~E R + fll/~ # K,1~ S t'~ 1f11~1 SEP. - 15' 03 (~~O,% 1 09: 35 Lk1Dh1ARK F' 4ERS TEL: 509 4!~` ~~1~'':11P NLLEY lAl~ OR fAS $25.M sPokirg Oa, ik LEGAL aESCRiP'T~ON FOR DMNArGE EASEMENT That pvrbon of the Southeast one-quar#er o~ ~ection 24, TawnshiR 25 Nor#h, Range 44 East, W.M., City of Spokane Valley, apokane CoUnty, Washington desclibed as follows: GOMMENGING at the South one-quarter comer of said Sectior, 24; tfience Not#h 0001 8'10" East aIong t.he VVIlest Iine vf said Southeast arte-quarter a d~stance vf 1911.45 feet; thence Svutf~ 89'041'50" East a distance of 819.16 feet tu the TRUE POINT OF BEGINNING; Thence Nvrth 28~27'40" East a distance of 120.30 feet; Thence South 61 °2236' East a dis#ance of 105.73 feet; Thence South 31 °3929" West a distance of 103.08 fe;t; Thence North 71°14'(}2"West adist~nce of 101,43 feet to #he TRUE P'~INT OF BEGINNtNG; Containing 11,456 square feet ar 0.26 acres. cl0.1 ~ LAW. J:IDOCIJMENT~S020134\LegalslDrainage ea~ement.doc -5 LAtiDtiI r U'IL11E R'S ]'E1.:5H 46' ?5`8 P. OD9 5LP -13' G~UN 1 0 9 ~'.11 %Jk U Wi;if"W V'F.T er %LL'~ LW k"V EXHIBIT E3RAlMAGE EASEMENT SC7UTHEAST ONE-QUARTFR Or° SECflON 24, TOWNSHIP 25 NORTH, RAh1GE 44 EAST. W.M., CI1'Y 0F SROKANE V'ALLEY, 5PC?KANE GCiUMTY, WA . w ~ ~~OPOSED SHELLEY LAKE 4TH A~~ITON . ~ q DFtAINAGE ' EASL-MENT ~ 11,456 S.F. TRUE P~NINT OF ~+pMNlNG ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S00H Orre-QuARTER ~e► ~ - a-~~ cORr~~ ~F SF-CTtDN 24 ~ ~~:.a*+~ Pr~~R~~S~50~'~1~4~dw~~.EASEtfE~1T$.d'rr~ 09/04r2003 GRalNarY FsMn SEP, -15' 03 (MONI 09 :3? LAIYDh9ARK F" ` DERS TEL :509 467 'a P. 003 l 4962280 SNEII..EY ut~ D ~112003 O4~ 11P ~ ~S 125•00 Sookane Ca, Fq RETURN ADDRESS r ~ 4 rl J Z~ ~ P4. LJ 4. 19,70 S Please TKpe o~ Print Neatly b Ciearly A1l Information DocumenE Tttie(s) e-ab Referenae NumbeKs) af Rekted Dooumenft: Grantor(c) (tast Name. Rrot & Uaeie U") to P~ ~ Gcart*s) tlastHme. Rrnt i 10We MOaq V ~ Legal pesr.f4ption (I►dbM%jjftd t= is.ooeptM• Le. 8eWonrrdwn6t9pMzNe1i14 seatlcn Assessorls Tax Parcd l) Nmnbet: Qk . ~ Tho Oar4► AuUa w10 mly an tre hkmpmvWa oa Ihk tvren. Y'he Staff WM not ros4 !hs doaatrecdto verffy tfie /loouracy or corex,kta►asa vf to 1 o6e'~p rdom+oBm pvdded hmh Stsn below onty tf your docuaient Is Nort-StandaW. 1 sm requesting an emecgency non-stiandard reoondtrtg tor an ad&ortisl fee as provided in RCW 38_18.010. 1 understand thaf tM mooc+d'mg Prooess#n9 requlr~mes~ts may oaver up oc odhenwise obscttce some parts of Ihe text of the aigM doourrient. Fee for non4tandard pcooesstng tS $50- sigm offtqij 1,V pefty ~ a~9 ~~7 ~ ~'O1~) I~AIDh~AR~~ ~''o- RECEIFT # 40226~ , ~~'~►3tA H E C 0 0 N-7Y . AU[~I ~ Llk ~N E C0 U 14 7 Y~ I~ H G kOM ~ SW1.LE4' I.AVE DEkJ , 6Y FI~~ NO.: 4967260 7 DOC. : (EAS) EASEl1ENt - ~UCUKEN~ FEE: TOt AL REi.L"RDiNV FEc cfvi~G; s Sb~9 '314ELLE`f LAItE VEV ~~OUT~T tChecki RECEI`JED ~~~At#G~ • RE~~~PT J** . , . M:.Y' I~: i ,~rr 'F„ f + I 4862515 Page: 1 of 3 03;1 S ~ 2043 03:25P NFi irv i ekT UV r.n:+ t 91 nn cnAkaRp rA we AF'TER RECUftDING RF"tURti 'I'O: Spokane Counry Public Works Developmem Engineering Scrviccs, 2"' Flour 1026 W. Broadway A%-c Spokane, WA 99260-0170 Document Title: Declaration ot Covenant Grantor. C& G PARTNERSHIP, GRANT C. RICE, NAOMI C. SCOTBERG and SHELLEI' LAKE HUNIEOWtiLRS ASSOCIATION. Grsintee: SPOKANE COUNTY and SHELLEY LAKE HOMEOWNERS ASSOCIATION. Abbreviated Legal Descripdon: PTN. SEC.24, T.25Iv'., R.44E., W.M. 3 rlt"Ey LA49-Pu► p4♦ t` Assessar's Tax Parcel Numbers: 45245 9151 Counry Reference No.: PE-1750-94 Declaration of Covenant In consideration of the approval by Spokane County of SHELLEY LAKE FOURTH ADDIfiI4N (hereinafter referred to as the "Development"), the undersigned covenants and agrees that: 1. 'rhe subdivider/sPonsor will construct the Private ruads and associated drainage facilities in I conformance with the approved plans on file in the Counry Engineer's Office. 2. A lot is served by the private road when: (a) the only road frontage for the lot in the Development is on the private road; or (b) a lot having frontage on more than one road (public or private) constructs an approach to the private road. 3. The SHELLEY LAKE HOMEOWNERS ASSOCIATION or their successors in interest shall maintain the private roads and associated drainage facilities in conforniance with the approved piam on file in the County Engineer's Oftice. 4. The ow-ner(s ) of any lot created by the Develupmcnt ur alteratiun thereot' and sen-ed by a private road shall be responsible for maintenance of said private road, including associated drainage facilities. 5. Maintenance financing of the private roads and associated drainage facilities shall be in a ntanner determined by the SHELLEY LAKE HOMEOWNERS ASSOCIATION or their successors in interest. 6. Should the SHELLEY LAKE HOMEOWNERS ASSOCIATION be terminated ior an;1 reasons, the successors in interest shall be the individual lot owners, or their successors in interest, who are members of the SHELLEY LAKE HOMEOWNERS ASSOCIATION at the time of said termination. 7. In the event such private road including associated drainage facilities is improved to Spokane County I standards for public streets, and the County is willing to accept the dedication of such road and drainage facilities, each lut o%vner shall execute anv documents necetisarv to accomplish sucll dedication. 8. Qwners of luts within ttle Develupment "rho are ,e:r-N'ed by- suC}l COad Illa1' sue and recox-er damag« and attorneys' fees from any owner of any lot within the Development which is similarly served v, ho refuses to participate in the road and drainage facilities construction, financing, and maintenarice. _ ~ . ' - ' , • 4862515 Page; 2 of 3 • 031912003 03;25P cuci ipv i eKT ncu rnu Cnnkanp rA U 9. WARTTING: Spul:ane Counly has no resporrsibiliti to builcl, imprvve, or ntaiirt(iin vr c:llterw1.ce service the private roads and associated drainage jacilities contained within or providing sen-ice rO rhC property deseribed in this Development. By acc.epting chis developmenl or subseqteentlv by alloiving cz building permit to be issued for property on a private road, Spokane County assumes no obligation fnr said private road and the owners hereb), acknowledge that the Gounty has no obligation oJ'any kind oi- nature whatsoever 1o establish, examine, survey, consti-uct, alter, repair, improve, ►)1lJllilQfli, provid~.~ drainage nr .sno►t, rentoval on a private road vr its a.c.coc'IQIE'd fIl'Q1I1Qge fQCIII!!eS 10. Whenever the SHELLEN' LAKE HO!vIEO«NLRS ASSOCIATION or their successors in interesc fail to maintain the drainage facilities in conformance with the approved drainage plan, a notice will be given to the SHELLEY LAKE HOMEOWNERS ASSOGIATION or their successors in interest by the County. If not corrected after 10 days, the County has the right to correct the maintenance failure or have it corrected at the expense of the SHELLEY LAKE HOMEOVVNERS ASSOCIATION or their successors in interest or lots in the development. 11. Spokane Counry does not accept the responsibility of maintainiiig che drainage coursz on private lots within drainage easements or floodplain areas, nor the responsibility for any drainage whatsoever, ineluding but not limited to inverse condemnation to any properties due to deticient construction and.'or maintenance of drainage courses in drainage easements on private property. 12. This covenant and agreement shall run with the land and shall be bindinb upon the owner, their heirs, successors or assigns, including the obligation to participate in the maintenance of the private road and drainage facilities as provided herein. iN WTTNESS WHERLOF, the undersigned have caused this instrument to bc: executed on this day of . 20B . C & G PARNERSHIP ~r M ilO i A Washington General PartnershiP ii~ • . • _ ♦ By: (:Title) ; • i O : ~ : State of Washington ) %Z0 `SS lf V. ~'~~~~•O ~ I '1~ County of Spokane I certify that I lmow or have satisfactory evidence that/(/~QpA /~'~1tiR~ is the person who appeared before me, and said person aclrnowledged that he,'she signed this insmiment, on oath stated that helshe was authorized to execute the instrument and actaiowledged it as the 8AAJ/jQW(? PAftJL4Vf C&G PARTNERSHIP to be die free and voluntary act of such party for the uses and pwposes mentionzd in the instrument. Dated 363103 Od~ l~ Notary Public in and for the State of Washington. My Appointment Expires: GRANT C. RICE _ po1eM ~ ~ jlwo--~ I~ C, 13 -~pa 3 ~ . , State of Washington 0"0*~ )ss o County of Spokane ) ~ _ ► o~dN On this L~ day of~.L~►l , 20~, before me personally appeared'6Rjc1r'~Ii'-e RICE to me kIlOwIl to be the individual described herein and who executed the within and foregoing instrument and ac{anowledged that she signed the same as her &ee and voluntary act and deed, for the uses and purposes therein mentioned. Given undtr my hand and official seal the day and year last above written. ~ . . . Dated 3 3 Notary Public in and for the State of Washington. My Appointrnent Expires: d ~ NAOMI C. SCOTBERG . 4862515 . • Page: 3 of 3 03 ~ 18 ~ 2003 03 : 25P Ci1Gl I GY I QKG f1PV f'.f1U flfi 442nv I^.n Wd Y) • . ~ State of Washington ^ ~O%; a NH4rM 1 -Ob )ss cowicy or spokane ) = 4, ; ro , before me pe~saal ~ p~~1 _4I C`. SC'UT~3ERc; co nic ;Ztkt On this ~ day of , 2QO~ . known to be the individual described hcrein and who executed the r~v~,t~ e ~ ~n ~udlent and acknowledged that she signed the same as her free and voluntary act 'V'd'~ ~~~i~~ purposes tlierein J • 1 mentioned. Q 0~- Given under my hand and official seal the day and year last above written. Dated 2~ ~ 3 ! 03 _z~ /j Notary Public in and for the State of Washington. My Appointrnent Expires: 4tl 9 to ~ SHELLEY LAKE HOMEDWNERS ASSOCI.ATION A Washin n Corporati ~ gy: ( itle) State of Wastungton ) )ss County of Spokane ) I certify that I know or have satis£actory evidence that ~e Al- f L. !-lt, 4an Z-~ is diL person whu appeared bcfore me, and said person acknowledged that heJshe signed this '~unent, on oath stated that helshe was authoriud to execute the insdnnnent and aclwowledged it as the l~itc.ot of SHELLEY LAKE HOMEOWNERS ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in tha insmimenc. Dated 3 - Notary Public in and for the State of Washington. My Appointment Expires: ,