6780922 Easement, Drainage: EGR-2018-0056 Olive Avenue 02/08/2019 10:32:15 AM 6780922
Recording Fee $102.00 Page 1 of 4
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
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AFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
10210 E.Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): Olive and Riverside Investors LLC
Grantee: Government,City of Spokane Valley
Abbreviated Legal Description: NW OF SW 1/4, SECTION 15,T.25N.,R.44E.,W.M.
Assessor's Tax Parcel Number(s): 45153.1729
CITY OF SPOKANE VALLEY
Community and Public Works Department
Spokane Valley,Washington
DRAINAGE EASEMENT
IN THE MATTER OF Olive Avenue (City of Spokane Valley Project No.EGR-2018-0056 ,
hereinafter referred to as the"project")
KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), Olive and Riverside Investors 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:
THE SOUTH 6.50 FEET OF THE NORTH 25.00 FEET OF THE EAST 94.50 FEET OF THE FOLLOWING
DESCRIBED PROPERTY
THAT PORTION OF THE EAST 115.72 FEET OF THE WEST 246.44 FEET OF THE SOUTH HALF OF BLOCK 117,
OPPORTUNITY,ACCORDING TO PLAT RECORDED VOLUME"K"OF PLATS, PAGES 20,22,AND 23, IN
SPOKANE COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST 115.72 FEET;THENCE NORTH ALONG THE WEST
LINE OF SAID EAST 115.72 FEET 133.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUING NORTH ALONG SAID WEST LINE 188.95 FEET MORE OR LESS TO THE NORTH LINE
OF THE SOUTH HALF OF SAID BLOCK 117;
THENCE EAST ALONG THE SAID NORTH LINE OF SAID SOUTH HALF 115.72 FEET TO THE EAST LINE OF
SAID EAST 115.72 FEET;
THENCE SOUTH ALONG THE SAID EAST LINE 188.95 FEET MORE OR LESS TO A LINE 133.00 FEET NORTH
OF AND PARALLEL TO THE SOUTH LINE OF SAID BLOCK 117;
gats MV3remr319
Spokane County Treas.
BY �m�
THENCE WEST ALONG SAID PARALLEL LINE 115.72 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
EXCEPT OLIVE AVENUE ON THE NORTH;
AND THAT PORTION OF THE SOUTHWEST QUARTER OF TRACT 117, OPPORTUNITY,ACCORDING TO PLAT
RECORDED IN VOLUME "K"OF PLATS, PAGES 20 TO 23, IN SPOKANE COUNTY,WASHINGTON;
EXCEPT THE WEST 246.44 FEET;
AND EXCEPT THE SOUTH 133 FEET;
AND ALSO, EXCEPT OLIVE AVENUE ON THE NORTH.
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.
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IN WITNESS W EREOF,the undersigned has caused this instrument to be executed on this
day of / /' ,201 P .
Grantor(s): ive and Riverside Investors LLC Grantee: (ih'% d� S - ' t'
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By: i --
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Title: f 1 O N A 1,0°' Title: G—/-7 --,.itv„../eieriz.
STATE OF WASHINGTON )
COUNTY OF SPOKANE )
CITY OF SPOKANE VALLEY) ss
I certify that I know or have satisfactory evidence that Je c C v , .n h fl 50r)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 7-1.141 date of .J(1\UOJA1 ,20% .
X---elde,(// • Yr/7 s
Notary Public • NOTARY PUBLIC
State of Washington In and for the State of Washington,
Rachel N Stuart Residing at S P d kaC1se_
Commission Expires 06-18.19 My appointment expires: (?)(0/1 g/i q
SW 1 /4, SEC. 1 5, T.2 5 N., R.44E., W.M.
CITY OF SPOKANE VALLEY, WASHINGTON
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PROJ #: 17-1891
DATE: 1 0/02/1 El DRAINAGE EASEMENT
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APPROVED: OLIVE APARTMENTS AWC E
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SCALE: 1" = 30 1 23 1 2 E. OLIVE AVENUE
WHIPPLE CONSULTING ENGINEERS
PARCEL NO. 451 53. 1729 21 SOUTH PINES ROAD
SPOKANE VALLEY, WASHINGTON SPOKANE VALLEY,WASHINGTON 99206
PH•509-893-2617 FAX'509-926-0227