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6829678 Easement, Drainage: EGR-2018-0054 08/07/2019 10:55:49 All 6829678 Recording Fe. $106 50 Page tf 4 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington I1111111IIIIIIIIIIIII1111111111111 IIIIIllVIIIVIII1111111IIIVIIIVIIIVIIIIMIIII AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): CITTAGAZZE.LLC Grantee. Government,City of Spokane Valley Abbreviated Legal Description: 18-25-44 S570'OF W389.2' OF GOV LT 3 IN SWI/4 EXC Assessor's Tax Parcel Number(s): 45183.9150 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Valleyway Avenue and Park Road City of Spokane Valley Project No. EGR-2018- 0054, hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s),CITTAGAZZE,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. All that certain real property situate in the City of Spokane Valley,County of Spokane, State of Washington, being a portion of Government Lot 3, Section 18,Township 25 North, Range 44 East, Willamette Meridian,and being described as follows: BEGINNING at the intersection of the North line of Valleyway Avenue and the East line of Park Road,as said lines and intersection are shown on that certain Record of Survey filed August 10, 2016 in Book 163 of Surveys, Page 62, Spokane County Records; thence from said Point of Beginning,along said East line of Park Road,North 000018" East 549.83 feet to the Northwest corner of that certain 4.54_+Acre Parcel as shown on said Record of Survey. said point being the TRUE POINT OF BEGINNING of this description;thence along the North line of said 4.54+Acre Parcel North 8914'51"East 197.24 feet;thence leaving said East line, South 0045'09" West 20.00 feet to a line parallel with and 20.00 feet southerly of, being measured at right angles to the North line of said 4.54+Acre Parcel; thence along said parallel line, South 8914'51" West 197.51 feet to the said East line of Park Road;thence along said East line,North 0000'18" East 20.00 feet to the said True Point of Beginning of this description 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 Page 1 R. EE% ISE TAX EXEMPT BATE ,tq+� 1019 SPURN COUNTY TREAS. BY Grantors)or their successors in interest hereby agree not to obstruct, artificially collector 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 lige 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 City of Spokane Valley, as a part of the consideration hereof, does hereby agree as a covenant running with the land that in the event facilities are constructed,maintained,or otherwise operated on the property described in this Drainage Easement for a purpose for which a U.S Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits,the City of Spokane Valley will maintain and operate such facilities and services in compliance with all requirements imposed by all current laws, rules and regulations such that no person on the grounds of race,color,or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 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. q IN WIT ESLWHEREOF,the undersi ned has caused this instrument to be executed on this 3D day of /,li ,20( 1 . iii Grantor(s): /,.r Grantee: avntI1I Cr IF CF /b14CI.rIrACZ I //By: I_ q y J Title: ire-glee- Title: La/ 44 - Page 2 STATE OF WASHINGTON ) ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that , 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 30 date of //tiiv , 20/f ominitiootto • .EO.;.........;0 cell Ph . NOT4Y PUBLIC_ 11010Y PUBLIC''+, s In and for tate of W ht t n, 1 Ni YAPPOIIIIIIEET g Residing 1/ WIRES r e My appointmee nt expires: m% 0612512020; *,` Page 3 &64111POINT OF BEGINNING E 500'45'09"E I W51 /MP 0'00'15'E 20.00' a m m a 1 I w 4 op b N' SD 0 c. � I6211 x ix I 6 "-100' 1 S 2- C N. POINT OF BEGINNING VALLEYWAY AVE. • v • % 4- 4'of LWAs,„reg c �� PLAT TO ACCOMPANY THE Ay DESCRIPTION �'f. �, 0 . yam) . OF A STORM DRAINAGE a a� r z U EASEMENT `,`1/ .t015TE1195) # SPOKANE VALLEY, WA •NqL LANG , DURYEA &ASSOCIATES A • 2702 N.Perry Sheet Spokane.WA 99207 JOB NO. 16-2140