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6654858 Easement, Drainage: EGR-2017-0034 Dollar Rd 10/30/2017 02:52:49 PM 6654858 Recording Fee $78.00 Page 1 of 5 Easement CITY OF SPOKANE VALLEY CITY CLERK Spokane County Washington it. A. 11111111 1111111111111111111111 1111 11111111111111111111111111111 1111 1111 111 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E.Sprague,Suite 106 Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): Avista Corporation Grantee:Government,City of Spokane Valley Abbreviated Legal Description: NW 'A Section 12.T25N,R43E,W.M. Assessor's Tax Parcel No(s): 35122.0101 Reference No: EGR-2017-0034 CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley,Washington DRAINAGE EASEMENT IN THE MATTER OF Dollar Road(City of Spokane Valley Project No. EGR-2017-0034_,hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Avista Corporation,for and in consideration of mutual benefits,the receipt of which is hereby acknowledged,warrants and conveys to City of Spokane Valley,a municipal corporation of the State of Washington,an DRAINAGE EASEMENT over,upon,and across the following described real property,situated in the City of Spokane Valley, Spokane County, State of Washington, to-wit: See attached Exhibits"A"and"B" The Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for drainage purposes,including but not limited to allowing stormwater drainage and/or runoff over and across the above-described real property,including but not limited to disposal into a drainage facility located within the same above-described real property. The Grantor(s)or their successors in interest hereby agree not to obstruct,artificially collect or discharge the flow across or adjacent to the above-described real property. The Grantor(s)or their successors in interest agree that the City of Spokane Valley has no responsibility for maintaining this Easement. The Grantor(s)or their successors in interest hereby agree to having complete and total responsibility for the construction of all related drainage facilities 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 drainage facilities necessary to convey,direct or route the stormwater and/or runoff to said drainage R.E.Excise Tax Exempt Date 1013o 2014- . Spokane County Treas. s.., facility or facilities. The Grantor(s)or their successors in interest hereby agree to having complete and total responsibility for the perpetual maintenance of the facilities located within this Easement. In addition, the Grantor(s)or their successors in interest agree to and, shall maintain the drainage area with permanent live ground cover,which may include shrubbery and/or trees, so long as they do not obstruct the flow and percolation of stormwater drainage and/or runoff. If the Grantor(s)or their successors in interest fail to maintain said facilities,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 correct the maintenance failure,or have it corrected,at the expense of the Grantor(s)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. The Grantor(s)or their successors in interest hereby release the City of Spokane Valley,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 the stormwater drainage and/or runoff 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 references 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. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 20-r" day of 0c70BC4. , 20 (. Grantor(s): AV1 STA COILPoRAT)GN Grantee: Ci y of- 5 po Wane AI C y By: VAN CC RUPPER'f Nom. - By: /0(..(31,(4.- AnOtir Title: 712.. FAGILinin. QRo3Gcr MGR. Title: Enj► neer)n9 M Avtfi,ger STATE OF WASHINGTON ) COUNTY OF SPOKANE ) CITY OF SPOKANE VALLEY) ss I certify that I know or have satisfactory evidence that kick rl C e. Ru,,p pe►rt ,Grantor, is/are the individual(s)who appeared before me, and who acknowledged that heshe/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated this 0±-4' date of (DC.--4-010.. .J ,20 17 . Notary Public (�(� 0 NAR°,'PUBLIC State of Washington In and for the Slate of Washington, MARGIE R. LUNDBERG Residing at 1�0/121tJ MY COMMISSION EXPIRES My appointment expires: /a-c-/8 DECEMBER 2018 __.s . EXHIBIT"A" DESCRIPTION FOR DRAINAGE EASEMENT AVISTA(DOLLAR RD FACILITY) The East 24 feet of the West 26 feet of the South 15 feet of Lot 15, FIRST ADDITION TO ORCHARD PARK according to the Plat thereof,as recorded in Volume"E"of Plats,Page 46, records of Spokane County situated in the Northwest Quarter of Section 12,Township 25 North, Range 43 East,Willamette Meridian, City of Spokane, Spokane County, Washington. *IONF r r / 41111; f f oii-Z -l) • I N I I11.:1 W$ cn 5 ' NORTH ' 1 51 R x __DOLLA`Aa----moo sr I \\_ o15Ir —P.y 0 Z -- mx I o -n rn -1 XI LA2 4� \\\ M - o of o m � zZ % ` rn \\ � -i cz • 1v ( N • i N —ELIZABETH ROAD --