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6584327 Easement, Temporary Public Access: EGR-2016-0039 -" 03/09/2017 09:53:27 AM Recording Fee $75.00 Page 1 of 3 6584327 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington ___11111111 11111111 1111111111 111111 NMI 1E1 MINI 11111 111111111 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E. Sprague Ave, Suite 106 Spokane Valley,WA 99206 oita .to sccwq Document Title: Temporary Public Access Easement Grantor(s): Government. Spokane County -Grantee: Government,City ofSpokane — - Location:Portion of SW Quarter( ¼) of Section 6. Township 6.Range 45 E.W.M. Assessor's Tax Parcel Number(s): 55065.0190 CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley.Washington TEMPORARY PUBLIC ACCESS EASEMENT IN THE MATTER OF City of Spokane Valley Project No. EGR-2016-0039, hereinafter referred to as the "project . KNOW ALL MEN BY THESE PRESENTS. that the Grantor(s), SPOKANE COUNTY, a Political Subdivision of the State of Washington. for and in consideration of mutual benefits. including, but not limited to Grantee granting Grantor building and engineering grading permits for Project No. BLD-2016- 2284 and Design Deviation Request Approval under Project Number EGR-2016-0039,the receipt of which is hereby acknowledged. Spokane County warrants and conveys to CITY OF SPOKANE VALLEY. a municipal corporation of the State of Washington,a TEMPORARY PUBLIC ACCESS EASEMENT over, upon. and across the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington,to-wit: A tract of land in the Southwest Quarter SW(1/4)of Section 6,Township 25 North, Range 45 East W. M. in Spokane County, State of Washington. being a portion of Parcel"A"as per Record of Survey recorded in Spokane County in Book 125,page 53, Instrument No. 5484704, described as follows: Commencing at the northwest corner of said Parcel "A" said point being on the east right of way line of Tschirley Road.thence S 03°47'40"E along said East right of way a distance of 85.25 feet to the TRUE POINT OF BEGINNING being a point on a non-tangent curve concave to the west having a radius of 60 feet from which the center of said curve bears S 00°59'09"W:thence southeasterly and southwesterly along said curve through a central angle of 170°26'22"an arc length of 178.48 feet to a point on said east right of way; thence NO3°47'40"W along said east right of way a distance of 119.58 feet to the TRUE POINT of BEGINNING. Containing 5056 sq The Temporary Public Access Easement for turnaround as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for public vehicular and pedestrian use purposes, including,but not limited to travel and access over,upon and across the above-described real property. R.E.Excise Tax Exempt Date 311 20L Spokane County Treas. By /S''' —. • '— •.4 The Grantor(s) or their successors in interest hereby agree to having complete and total responsibility for the construction of any and all necessary and related grading and improvements to allow access as provided herein and 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 streets, sidewalks, and driveways. The Grantor shall be responsible for repairing any defects in workmanship to any streets, sidewalks. or driveways constructed by Grantor within this Easement for a period of one year from the date of such construction. If the Grantor(s) or their successors in interest fail to repair such defects. 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 repair failure, or have it corrected, at the expense of the Grantors) 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. Except for repairs of defects in workmanship as described above, the Grantees) or,their..successors irn interest herebyagt:ee fo Having complete.and total responsibility for the maintenance of the streets constructed by Grantor and located within this Easement and keeping the streets in good working condition and open to access as provided herein at all times until this Easement is extinguished and released as provided herein. The Grantor(s) or their successors in interest agree that until extinguishment and release of this Easement as provided herein,the Grantor has no responsibility for maintaining this Easement except for repairs of defects in workmanship as provided above. The Grantee(s)or their successors in interest hereby release the Grantor. 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 any use of this Easement except for such responsibility. liability, or claims stemming from defects in workmanship to the to any streets. sidewalks, or driveways constructed by Grantor 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 referenced 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. The Grantor and Grantee anticipate that the extension of Tschirley Road will eliminate the need for the easement. This Easement is, therefore, TEMPORARY, and shall be automatically extinguished and released upon the extension of Tschirley Road and the construction and approval of a public access for turnaround or connection to the City of Spokane Valley street system or upon mutual agreement of the Grantor and Grantee. IN WITNESS WHEREOF. the undersigned have caused this instrument to be executed on this 114 144 day of F-6.br -M vl,2017. GRANTOR: BOARD OF COUNTY COMMISSIONERS OF SP e NE CO ,WASH GTON A Tc:- 1/22.V mna Vasquez iL AL FRENL I. HAIR Clerk of the Board 6 ertify that I know or have satisfactory evidence that At Fr-cy, ,, . Grantor._ re the individual(s)who appearedere me, and who acknowledged tha gpsheithey signed this instrument and acknowledged it to b. ter/their free and voluntary act for t ie uses and purposes mentioned in this instrument. Dated this 1(4-i't./1 date of -C, ) LAC-VL) .20 11 . ......s„,„.......-sos\‘‘ - • VrA,OLLira NU BLIC 1 # cr to In and for the State of Washington, ' Z ,• •SPat4i 0 Residing at io icw-c,L)(1/2_, c.9 o o c a ...- N.,,• i - -- /p My appointment exbires: 1 - i - ivt3S , i „ ,. __, _ _ — - .1(, d>.AftkofteP i r •-- -No..............":" GRANTEE ACC ,'' CE OF EASEMENT: CITY OF SPOKANE VALLEY 414,014.(4. its:bepoj 0-.( 5 vnaAct_ e_r-