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Agreement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley,WA 99206
SPACE ABOVE FOR RECORDING ONLY
Document Title: Swale Maintenance Agreement
Grantor: City of Spokane Valley, a Municipal Corporation
Grantee: Sonrise Land L.L.C.
PO Box 6218
Spokane, WA 99217
Abbreviated
Legal Description: SW 1/4 SEC 13, T 25 N, R 44 E, W.M.
Assessor's Tax
Parcel Number: 45133.0216
SWALE MAINTENANCE AGREEMENT
For mutually valuable consideration accruing to both parties, Sonrise Land L.L.C.
(Sonrise) and its successors, accepts full responsibility to maintain a drainage swale located
along the south side of Broadway Avenue immediately adjacent to and south of the sidewalk.
Partial consideration from the City to Sonrise for this Agreement shall include those amounts
paid by the City in 2017 ($194.02) for water and electricity to irrigate that portion of the swale in
Section 1, below, located on the property owned by Sonrise, which the City will not seek
repayment for. The swale is further described in SECTION 1, below.
SECTION 1 —DESCRIPTION
The drainage swale subject to this Agreement is approximately 13 feet wide and 124 feet
long. The swale is split between City public right-of-way and private commercial property
R.E.Excise Tax Exempt
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owned by Sonrise. This Agreement references the following documents which further describes
the drainage swale:
1) Warranty Deed,Auditors File No. 5901342, Signed 5/13/2010
2) Drainage Easement, Auditors File No. 5901344, Signed 5/13/2010
3) Drainage Easement,Auditors File No. 5901345, Signed 5/13/2010
4) Drainage Easement,Auditors File No. 6518913, Signed 7/12/2016
The legal description for the subject property is as follows:
VERA: PORTION OF TRACT 17, 18, &24, (ALL OF PARCELS 2 AND 3 AND A
PORTION OF PARCEL 4 OF RECORD OF SURVEY BOOK 93 PAGES 38A AND
39A)AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATTHE NORTHEAST CORNER OF SAID PARCEL 3; THENCE
ALONG THE EAST LINE OF SAID PARCEL 3 SOUTH 00°34'10" EAST 15.00 FEET
TO A POINT ON THE SOUTHERLY BOUNDARY OF BROADWAY AVENUE,
SAID POINT BEING THE TRUEPOINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE SOUTH 00°34'10" EAST 170.08 FEET TO A POINT ON THE EAST LINE
OF HEREINABOVE MENTIONED PARCEL 4; THENCE LEAVING SAID EAST
LINE ON A LINE PARALLEL WITHAND 24.26 FEET SOUTHERLY OF, BEING
MEASURED AT RIGHT ANGLES TO,THE NORTH LINE OF SAID PARCEL 4;
THENCE ALONG SAID PARALLEL LINE,NORTH 89°50'00" WEST 276.00 FEET
TO THE SOUTHERLY EXTENSION OF THEWEST LINE OF SAID PARCEL 2;
THENCE ALONG SAID LINE,NORTH 00°34'11" WEST 170.02 FEET TO THE SAID
SOUTHERLY BOUNDARY OF BROADWAY AVENUE; THENCE ALONG SAID
SOUTHERLY BOUNDARY SOUTH 89°50'40" EAST 276.00FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION.
SECTION 2 -PURPOSE
Sonrise accepts full responsibility to maintain the portion of the drainage swale located
within the public right-of-way and the drainage easements referenced above. The swale receives
public and private stormwater.
Maintenance of the swale includes, but is not limited to, keeping open and cleaning the
facilities, removing debris, mowing, irrigating, removing noxious weeds and sustaining the City
approved designed vegetation within the drainage swale. These maintenance obligations include
the responsibility for Sonrise to pay all costs associated with the maintenance.
SECTION 3 -TERM
This Agreement shall commence on January 1, 2018, and shall run with the land and
shall be binding upon the parties referenced herein, the owners, their heirs, successors and
assigns.
SECTION 4—LIABILITY AND INDEMNIFICATION
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Sonrise shall indemnify and hold the City, its officers, employees, agents and volunteers
harmless from and against any and all claims, demands, orders, decrees or judgments for injuries,
death or damage to any person or property arising or resulting from a negligent act or omission
on the part of Sonrise relating to the obligations contained in this Agreement.
SECTION 5 —MODIFICATION
No modification of this Agreement can be made without prior written approval of the
City. Upon such an event, Sonrise or its successors shall be given reasonable notice of the
modification and a reasonable time to comply with the new terms and/or provide the City with
written notice of termination.
GRANTOR:
City of Spokane� Valley
v
By: I�1W
Mark Calhoun, City Manager
GRANTEE:
ACCEPTANCE OF SWALE
MAINTENANCE AGREEMENT
Sonrise Land L.L.C.
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STATE OF WASHINGTON )
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County of Spokane ) ,p
I certify that I know or have satisfactory evidence that 30 n (ra1 ' 1 �h
is the individual who appeared before me, and said individual acknowledged that he signed this
instrument, and acknowledged it as his free and voluntary act, for the uses and purposes
mentioned in the instrument. }�
DATED this day of _ 1-eyY , 2017.
Notary Public for the State of Washington
Residing at Seo r e Va( `
My commission expires (o/t`l(2-0 a 1
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