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6730433 Easement, Drainage Pence Properties 08/01/2018 02:26:38 PM 6730433 Recording Fee $102.00 PageT1 of 4 Easement G 1=1:1ENT, CITY OF SPOKANE VALLEY Spokane County Nashinslon AFTER RECORDING RETURN TO: 11111111111111Il 1111111111111111 11111111111111111111111 III�lIlt 11111!III Illi City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 Document Title: Drainage Easement Grantor(s):Pence Properties Valley LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: 21-25-44 Ptn opportunity Tr 175 Assessor's Tax Parcel Number(s): 45212.0703,45212.0723 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Skipworth Road(City of Spokane Valley Project No. Ordiance 16-001,hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Pence Properties Valley LLC, 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: THAT PORTION OF TRACT 175 OF OPPORTUNITY AS RECORDED IN 1300K K OF PLATS,PAGE 20, ALL IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 25 NORTH,RANGE 44 EAST,W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SHORT PLAT SHP- 14-09 AS RECORDED IN BOOK 26 OF SHORT PLATS,PAGES 80 AND 81; THENCE S89°36'44"W ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE N00°00'15"E PARALLEL WITH SKIPWORTH ROAD A DISTANCE OF 205.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 21.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83°20'00", AN ARC DISTANCE OF 31.27 FEET;THENCE WITH A REVERSE CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 58.50 FEET;THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°39'38",AN ARC DISTANCE OF 46.62 FEET;THENCE S00°00'15"W A DISTANCE OF 60.34 FEET; R.E.Excise Tax Exempt Date g l 201 8 Spokane County Treas. By 46-yr THENCE S89°59'45"E A DISTANCE OF 50.52 FEET;THENCE S00°00'15"W AND PARALLEL WITH SIKIPWORTH ROAD A DISTANCE OF 188.45 FEET TO THE NORTH LINE OF SAID LOT l;THENCE N89°36'44"E ALONG SAID LINE A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 13,934 SQUARE FEET. 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 Engineering Division, including but not limited to all drainage facilities necessary to convey, direct or route the stormwater and/or runoff to said drainage 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 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. IN WITNESk WHEREOF, the undersigned has caused this instrument to be executed on this \S day of O0c)C. ,20 ski?). Grantor(s): Grantee:1/ By: Penc517/; �/yc4'�r`J �ti(/9' By: [.a'I/ X?n om Title: Pr-CS r dem _ _ Title: -dry' 14l6:.cl . STATE OF WASHINGTON ) COUNTY OF SPOKANE ) CITY OF SPOKANE VALLEY) ss I certify that I know or have satisfactory evidence that i VII (16-11/&*; . , Grantor, is/are the individual(s)who appeared before me, and who acknowledged that he/she/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 \zc date of ) ,20\b . i *�r t v D ,,``'�f� NO ARY PU IC ,�°o•` 4�c. ®°0a In and for th/:tate of Washington, F P ��a�e�\S"*". Residing at S C.r+h4 CCc.✓i' �o't�`�\€1p10 day My appointment expires: (D �Z.'Z0 Z© co 6,..., 7:'-.. . o• o�' a• C? � i ® • 'C •C O• \ O •S 5 �: wt . 'r{//// ,I,STATE y0F�V�~o\‘'' \ N N89'39'17"E N r T 'T 68.81' itis// j RIGHT OF WAY ,UNITY \ DEDICATION w a WE oa \I-3,--0, Tto TRACT 175 g5r6" D8oTRACT "C' CEJ (L=46.62') L T?0. 0 t0 . o z TRACT 4 r DRAINAGE EASEMENT 50.52' I____ -- - ----- - - 3RD AVENUE I- ® r / I IN Ili /, ono] .� I r 1 Ss/ co v ,- 10 C\1. CD w RTU jr1lTY / I TRACT 3 OPPACT i75 / w yyCq' TR 8.00'—/ 1_ Q 5.00'-,* r� o r -----I ,, 1 o TRACT "B" E N89'36'44"E I z LOT 1I 20' 25' TRACT 2 0 _ f ICO w� N89'36'44"E-_L--T �t" _ N 56.030 I a TRACT "A" ACT 175 w LOT 2 i�� N TR of W LOT 34 '" LOT 4 II NEN Q N o 6 ExISTING 12— r— o e., z —I o r C b BEARDER 1 SEMENT 1 I qk, , TRACT 1 DRAINAGE 12' X 48' I z 1.5' BORDER ) 11 EASEMENT —I EASEM _ 1 I \� r _ - - - 22.5' LEXIS11NG 13'� BORDER EASEMENT 2O' 22.5' 4TH AVENUE T PROJDATE #: 7/23/6e RIGHT OF WAY DEDICATIONEASEMENT CDATE: 7fza/ G -DRAINAGE & BORDER EASEMENT DRAWN: JAG APPROVED: JAG EXH I B IT A WHIPPLE CONSULTING ENGINEERS SCALE: 1 n = So' SKI P W❑RT H ROAD CIVIL AND TRANSPORTATION ENGINEERING SPOKANE VALLEY, WASHINGTON21SR SPOKANE VALLEY21SOUTH,WWAASHHINGGTT ON 99206 PH 559-893-2617 FAX'.509-926-0227