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pe-1885gu 0 e 75 DEDICATION n l e Guthrie, streets the r� I r s th T r h e and Jea ee G�L n and wife, and WASHINGTON T N MUTUAL BANK, have used to be lotted into lots and nds eet KNOW ALL MEN BY THESE PRESENTS, Robert J. Gut thrie, husba d a d e, a d S G 0 U L B e ca s t e p shown hereon, to be known as PRAIRIE ORCHARD, bein. a re lot of the South half of the West half of Tract 208 of VERA as per plat thereof recorded in Volume "0" of Plats, Page 30 sho � being P P P g , being a portion of the Northeast quarter of Section 26, Township 25 North, Range 44 East, W.M.; Situate in the County of Spokane, State of Washington. And they do hereby dedicate to public use forever Burns Street, as platted and shown hereon. This half cul —de —sac shall be maintained as a private road until such tim as the remaining portion of the cul —de —sac is dedicated to the public, constructed and established for maintenance. Lot 8, Block 1 being a one —foot (1) ide strip as shown hereon, is hereby dedicated to Spokane County as generol county property, to be dedicated for road purposes time as the road is continued as full width right of way, or until adjacent lands are platted. Side yard and rear yard setbacks shall be determined at the time building permits are requested unless these setbacks are specifically drafted on this final plat. The this subdivision may be varied from if proper zoning approvals are obtained. his plot is subject to a separate "Spokane County Notice to the Public No. 4 ", recorded on January 21, 2003, under Auditor's File No. 4833433. • . October 4 , 2002 m n r c rded Oct© h v shall members of PRAIRIE ORCHARD HOMEOWNERS ASSOCIATION a homeowners association created by e t e o The owners of all lots within this subdivision s a be O CHA y docu of Washington under U.B.I. Number 4 n th Articles of Incorporation and Bylaws the Secretary of State of the State © Was ingto de 602 238 944 and subject t© the c s p yl aws thereof. The Private Drive ay as shown hereon is an easement which provides a means of ingress and egress for those Tots within the subdivision having frontage thereon. Burns Street is subject to the separate road DECLARATION OF COVENANT as recorded January 21, 2003 under Auditor's File No. 4833434 which by reference is made o part hereof. The owner(s) or successor(s) in interest agree to join in any County — approved stormwater management program and to pay such rates and charges as may be fixed through public hearings for service or benefit obtained by the planning, design, constructing, maintaining or operation of stormwater control facilities. The Border Easement as shown hereon are hereby granted to Spokane county and its authorized agents, and to the public for road purposes, including but not limited to curbs, sidewalks, drainage, signage and other usages deemed necessary by the Spokane County Engineer for the safety and welfare of the Public.. No fence or portion thereof will be constructed within said i and efficient n without permission of the Spokane County Engineer, nor will any objects be placed in said easement that would obstruct at he sight d easement p p y g y ht distance necessary for safe o 1 p g vehicular movement. Any other easements granted or dedicated within this Border Easement area will be subordinate to the rights created by this easement and are subject to Spokane Any county Engineers permit process prior to usage. The use of private wells and water systems is prohibited. The public water system, pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, the County Division of Planning, and the water purveyor shall be installed within this subdivision. The applicant shall provide for individual domestic water service as well as fire protection to each lot prior to the sale of each lot, and prior to issuance of a building permit for each lot. nn to connect to • shall required o hl r ec sha be e uired on properties within the o t Public sewers shall be constructed to provide for the connection of each parcel to the County's system of se werage. Uses © pope es p 1 q the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required. A public se er system will be made available or the plat and individual service will be provided to each lot prior to sale. Use of individual on —site sewage disposal system shall not be authorized. CLC AS OCIATE5 707 WEST 7TH AVENUE SUITE 200 SP° NE WASHINGTON 99204 P 509 458 5840 F 509 458 5844 CLCASSDC.COM ARCHITECTURE ENGINEERING PLANNING LANDSCAPE ARCHITECTURE LAND SURVEYING orever, at such etbacks indicated on line . . . iha a - ments for the purpose of constructing, operating, maintaining, airin altering, replacing, removin and all other uses or purposes which may A 1 D foot sewer I me e as p P g� installing, P 9. �, P g. g i r at their times hereinafter, r and assigns at all t es , aunt successors and over Lot 5. Spokane County, its successors a d ass a be related to a sewer system are hereby granted to Spokane C y, its successo s a d p y, g .. .. vin and all removing a n r replacing, e r ai in alterin nrn e installing, maintai own cost and expense, may remove all crops, brush, grass or trees that. may interfere with the constructing, g, p g, altering, 9 . • � for purposes fo u f this easement i h is the subject t3 t e se other uses or purposes which are may be related to a sewer system. The grantor(s) reserves the right to use and enjoy that property wh c s t e � P P oses P P which will not interfere with the County's full enjoyment of the rights hereby granted; provided, the grantor(s) shall not erect or construct any building or other structure or drill on the easement, or diminish or substantially add to the ground cover over the easement. The easement described herein above is to and shall run with the land. Utility easements across and over and ten (10) foot wide strips adjacent to all public and private roads and the ingress and egress easement as shown hereon, are hereby dedicated to the for the construction reconstruction maintenance and operation of utilities together with the right to serving utility companies p g g inspect said utilities and to trim and or remove brush and trees which may interfere with the construction, maintenance and operation of same and together with the right to access said utility easements shown herein. and shown hereon, which are for the purpose of conveying and storing stormwater runoff, and for installing, operating and maintaining roino Drainage easements as platted an sho a p p y g g 9 P 9 g ge ponds and drainage facilities which dispose of and treat stormwater runoff, are hereby granted to Spokane County and the Prairie Orchard Homeowners' Association. Spokane County and its authorized agents are hereby granted the right to ingress and egress tc over and from all public drainage easements for the purposes of inspection and emergency i Homeowners' Association Prairie Orchard Homeow e s so of drainage swales, ponds, culverts and other drainage a fac €lities, if not properly maintained by the property owner(s) or the a e maintenance o d g , p g P P F .. Y Y n specifically Spokane County does not accept the responsibility to inspect or maintain drainage facilities located outside of public rights —of --way, except in cases where Spokane County assumes that responsibility in writing. Neither does Spokane County accept any liability for any failure by the property owner(s) to properly maintain such areas. The property owner(s) within this plat shall be held responsible for keeping open and maintaining the surface path of natural or ro an —made drainage flow over and across their respective properties. If the property owner(s) fail to maintain the surface path of natural or man —made drainage flow, or drainage facilities on private properties, a notice of such failure may be given to the property owner(s). If not corrected within the period indicated on said notice, Spokane County has the right to correct the maintenance failure, or have it corrected, at the expense of the property owner(s). Spokane County does not accept the responsibility of maintaining the drainage course on private lots nor the responsibility for any damage whatsoever, including, but not limited to inverse P Y P condemnation to any properties due to deficient construction and /or maintenance of drainage courses in drainage easements on private property. Any building that is constructed on a lot in this plot shall be set at such an elevation so as to provide positive drainage away from any drainage entry point to the building (including but not limited to a window well, a window unprotected by a window well, or a doorway). Said positive drainage shall consist o f a minimum n u m slope of 3% away from the building for a distance of at least 10 feet from the building. The lots shall be graded so that either a) all runoff is routed away from the building, and conveyed over the lot to a natural drainage swale or approved drainage facility, or b) drainage intercepted on the lot is disposed of on the lot in an approved drainage facility. All drainage facilities for this plat, including any '208' swales, shall be constructed in accordance with the approved pions on file at the Spokane County Engineer's Office. Any proposed changes to the approved rood and drainage plans must be approved by the Spokane County Engineer's Office prior to construction of said changes. i I rmwoter runoff from nearby ter runoff onto individual lots within this at Storm There may exist properties located uphill and adjacent to this subdivision that. periodically discharge tor mw n p Y Y P P i lots may be subjected to higher amounts of stormwater runoff than what is normal properties should be expected, and during snow melt periods or wet seasons the ots ay .l g Y observed or anticipated. Because stormwater runoff from adjacent properties have discharged onto this plat prior to development, stormwater runoff will likely continue to do so after development. The property o ner(s) within this plat shall' maintain all natural drainage channels, drainage ditches, and all water quality swales ('208' swales) situated on their respective properties, and i properties, h permanent ground cover as specified in the currentl approved and accepted portion of ' a 208 swale situated in a public right—of—way adjacent to their respective p operties, t ape g p currently PP ted P plans on file at Spokane County Engineer's Office. No structures, including fences, shall be constructed directly over or within a natural drainage channel or drainage ditch without the expressed written consent of the Spokane County Engineer. Spokane County does not accept the responsibility to inspect and /or maintain the drainage easements, nor does Spokane County accept any liability for any failure by the lot owner(s) to properly maintain such areas. The Prairie Orchard Homeowners' Association or its successors in interest shall maintain any drainage facilities and drainage structures located within tracts and private lots, in confor mance storm es ditches, � n c s in a is not limited includes, with the approved plans on file at the Spokane County Engineer's Office. Maintenance of drainage facilities nc odes, bu i s of rmtd t , keeping open cleaning p g p 9 t4 pipes, i dryland grasses or swales optional ponds,. swales, etc., replacement of drainage facilities as needed, and maintaining live native —type d yla d g asses o lawn turf in the '208' swa with p tional shrubber , Y and/or trees, which do not obstruct the flow and percolation of storm drainage water in the drainage swale as indicated by the approved plans. The Prairie Orchard Homeowner's Association is also responsible for removing and disposing of the soil and grass sod located in drainage facilities located within common areas or private Tots at such time Spokane County deems necessary, and replacing the soil and grass sod. The Prairie Orchard Homeowners' Association shall be responsible for payment of all claims and other liabilities which may become due for said maintenance responsibilities. If the Prairie Orchard Homeowners' Association, or their successors in interest, fails to maintain the drainage facilities in conformance with the accepted drainage plan on file at the Spokane County Engineer's Office, a notice of such failure may be given to the Prairie Orchard Homeowners' Association, or their successors in interest, by the County Engineer. If not corrected within the period indicated on said notice, Spokane County has the right to correct the maintenance failure, or have it corrected, at the expense of the Prairie Orchard Homeowners' Association, or their successors in interest. Should the Prairie Orchard Homeowners' Association be terminated for any reason, the successors in interest shall be the individual lot owner(s), or their successors in interest, who are members of the Prairie Orchard Homeowners' Association at the time of said termination. The successors in interest shall share equally in the responsibility and cost of maintaining said drainage facilities. The developer, property owners, and homeowners' association waive any and all claims for damages against any governmental authority arising from the construction, ownership or maintenance of public facilities. This waiver includes claims of any nature, including but not limited to person and real property damages as well as any inverse condemnation claim IN T ESS WHEREOF the aforesaid owners have caused their no 20_ BY: ITS: ACKNOWLEDGMENTS STATE OF WASHINGTON ) ) ss County of Spokane ) I certify that I kno w o r that I have satisfactory evidence that ROBERT J. GUTHRIE and JEANLEE GUTHRIE, husband and wife are the persons a ve y who appeared before me, and said persons acknowledged' that they signed this instrument, on oath stated that they were authorized to PP P execute the instrument and acknowledged it as their free and voluntary act and deed, for the uses and purposes staged in the instrument. 4 f A 20 DATED this _ day f o IN TNESS WHEREOF, the aforesaid o 200 ! WASH t° TONM, UTUAL BANK State of Washington )ss County of Spokane DATED this } I day of NOTARY PUBLIC, in and for the St of Washington residing at Spok ne ' i n expires_ M mini Co ss © My _ S _ etoci / NOTARY PUBLIC, in and for the State of Washington residing at Spo one My Commission expires es to be hereunto subscribed this day of I certify that I know or have satisfactory evidence that and said person acknowledge that he /sh signed this instrument, on oath stated th it f o h and it as t o AEI+ a � d i voluntary act of such party for the uses and purposes mentioned in the e in strument. 20 AS ners have caused their names to be hereunto subscribed this SHEET is the person who appeared before me, a uthorized to execute the instrument to be the free and OF 2 SPOKANE COUNTY AUDITOR'S CER record this °l for Fled r o g e.414 , :.., in at the r % quest of IEPEL B ELL, PLS Certificate Number 2 Ex e r, Spokane County SPOKANE REGIONAL Ex *fled card approved this Spoka SURVEYOR S CERTIFICATE This map correctly represents a survey made by rare or under my direction in conformance with the requirements of the Spokane County Subdivision Ordinance. SPOKANE COUNTY DIVIS ON OF UTILI ES Examined and approved this day of SPOKANE COUNTY DIMSION OF ENG NEERING AND ROAD Exarrtin and ed this day of , 20 Spokane County Engineer SPOKANE COUNTY DIMS ON OF PLANNING sped and approved this feday of Pp HEA SPOKANE COUNTY ASSESSOR d o Ex carr ined and a pproved this La_ d of tx ne County Assessor by Deputy neA on o$ Planning DISTRICT 20 at Page 03 203 203 20, 20 THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE, WASHINGTON This plat was approved and accepted by th rash ington, on this day of n, Spokane Count Co issioners SPOKANE COUNTY TREASURER r l do hereby certify that all taxes which have been levied and become ch geab e a ca in st • � i been fully a this day d sho within this map have bee u y paid � y f 20 County Co 20 aissioners of Spokane FINAL PLAT OF PRAIRIE ORCHARD LOCATED IN THE NE1/ OF SECTION 26, T.25N R.44E. SPOKANE COUNTY, WASHINGTON FEBRUARY, 2003 iSL Coun Yl