6844030 Easement, Border: Garland Ave, EGR-2017-0058 •
09/19/2019 12:23:10 PM 6844030
Recording Fee $109 50 Page1 of
Easement GOVERNMENT, CTY OF SPOKANE VALLEY
Spokane County Washington
INil I IIIIIIIII!IIIIIIIIIIIIIII 11111111111111111111111111111111 1111111
AFTER RECORDING RETURN TO:
City of Spokane Valley
Attn: City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Document Title: Border Easement
Grantor(s); Katerra Construction LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: Portion of NW Quarter of SW Quarter of Section 5,Township 25 North,
Range 45 East,W.M.
Assessor's Tax Parcel No(s): 55053.0121
CITY OF SPOKANE VALLEY
Community and Public Works Department
Spokane Valley, WA
BORDER EASEMENT
IN THE MATTER OF Garland Avenue, Project File No. EGR-2017-0058, KNOW ALL MEN BY
THESE PRESENTS, that the Grantor(s), Katerra Construction LLC, a Delaware limited liability
company, for and in consideration of mutual benefits, the receipt of which is hereby acknowledged,
bargains, sells, and conveys to the City of Spokane Valley, a municipal corporation of the State of
Washington, Grantee, a non-exclusive BORDER EASEMENT over a portion of the real property legally
described on the attached Exhibit A (the "Grantor Property"), situated in the City of Spokane Valley,
Spokane County, State of Washington,to-wit:
The portion of the Grantor Property described in the attached 'Border Easement Legal Description'
attached hereto as Exhibit B(the"Border Easement Area").
Subject to all covenants, conditions, easements and other encumbrances of record and matters that would
be disclosed by an accurate survey and inspection of the real property.
The Border Easement as described herein is hereby granted to the Grantee and its authorized agents, and
to the public for road and utility purposes, including but not limited to curbs, sidewalks, grading,
drainage, signage, and other usage deemed necessary by Grantee for the safety and welfare of the public.
No fence or portion thereof will be constructed within the Border Easement Area without permission of
the Grantee and Grantor, nor will any objects be placed in the Border Easement Area that would obstruct
the sight distance necessary for safe and efficient vehicular movement.
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The Border 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.
The Grantee, 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 within the Border Easement
Area 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 Grantee 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 agree to and shall maintain in good repair the sidewalks,
driveways and landscaping to be installed within the Border Easement Area,and when so doing shall not
be considered agents of the Grantee,provided however, all repairs necessitated by any work completed by
or use of the Border Easement Area by Grantee shall be promptly repaired and restored to a condition
which is equal to or better than the condition which existed prior to the commencement of such work in a
good workmanlike manner at the sole cost of Grantee. If the Grantor(s) or their successors in interest fail
to maintain said facilities, a notice of such failure shall be given to the Grantor(s) or their successors in
interest. If not corrected within the period indicated on said notice,the Grantee has the right to correct the
maintenance failure,or have it corrected,at the expense of the Grantor(s)or their successors in interest.
The Grantee shall maintain all ADA ramps, drainage inlets, grates,pipes, catch basins, drywells and other
drainage structures and appurtenances used for the disposal of public road drainage.
In its use of the Border Easement: (i) Grantee will operate and use the same in a reasonable and safe
manner; (ii) Grantee will use all reasonable care in exercising its rights under this Border Easement so as
not to cause damage to any other improvements located on the Grantor Property; and (iii) except in the
event of an emergency, Grantee will utilize the Border Easement Area and complete any work thereon in
such a manner as to cause as little disturbance as reasonably possible in the use of the Grantor Property by
Grantor, its successors, and assigns. Grantee will provide Grantor with reasonable advance notice prior to
any entry onto the Border Easement Area for the purpose of exercising any of its rights hereunder, except
in the case of an emergency,in which case as much notice as is reasonably possible shall be given.
Grantor, on behalf of itself and its successors and assigns, reserves the right to use the Border Easement
Area and grant other rights therein for purposes not inconsistent with the rights granted to Grantee
hereunder, provided that in exercising its rights under this paragraph, Grantor, its successors and assigns,
shall not cause any damage or injury to any facilities installed therein or impede Grantee's use thereof.
Signature Page Follows
Page 2
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on this / 7
day of September,2019.
Grantor: Grantee:
KATERRA CONSTRUCTION LLC, a CITY OF SPOKANE VALLEY, a municipal
Delawa limited liability company corporation of the State of Washington
By: "~` 1...-` By: ..
Name: Shadrac>ICJ. Cristando Name: /41.-IRA". AL o f
Title: Protect Manager Title: / N nJ y/
STATE OF WASHINGTON )
) ss
SPOKANE COUNTY )
Shadrack I. Cristando, known to me to be the Project Manager of Katerra Construction LLC, a Delaware
limited liability company that executed the foregoing instrument,and acknowledged said instrument to be
the free and voluntary act and deed of said limited liability company, for the uses and purposes therein
mentioned,and o'n'oath stated that he was authorized to execute said instrument.
p
Dated this / d day of September, 2019. . O
OT YPUBLIC
Notary Public In and for the o`{'
State ofWashington
SUN o otResiding PP
L IDSA L.BOLES My appointm0nt expires: /6 • s-z 'd o
^Colmninlon EW a t0014220
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EXHIBIT A
Grantor Property Legal Description
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP
25 NORTH, RANGE 45 EAST, WILLAMETTE MERIDIAN, SPOKANE COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION
5, TOWNSHIP 25 NORTH, RANGE 45 EAST, WILLAMETTE MERIDIAN. FROM WHICH THE
SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5, BEARS SOUTH
035055'EAST,A DISTANCE OF 2,629.78 FEET;
THENCE SOUTH 65'04'02" EAST, A DISTANCE OF 34.23 FEET TO THE NORTHWEST CORNER
OF TRACT 4 OF PLAT NO. 1 OF WEST FARMS IRRIGATED TRACTS, VOLUME "O" OF PLATS,
PAGE 37,RECORDS OF SPOKANE COUNTY AND THE POINT OF BEGINNING;
THENCE NORTH 87°03'51'EAST ALONG THE NORTH LINE OF TRACTS 1,2,3 AND 4 OF SAID
PLAT NO. 1 OF WEST FARMS IRRIGATED TRACTS, A DISTANCE OF 2,603.08 FEET TO THE
EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 03°51'57" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 5,A DISTANCE OF 80.68 FEET;
THENCE LEAVING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5,
SOUTH 87°01'33" WEST, A DISTANCE OF 2,603 08 FEET TO THE EASTERLY RIGHT-OF-WAY
LINE OF BARKER ROAD;
THENCE NORTH 03°5055" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF BARKER
ROAD,A DISTANCE OF 82.42 FEET TO THE POINT OF BEGINNING;
Also showing as Lot 1 of Record of Survey recorded September 26, 2018 under Spokane County
Recording Number 6746973;
EXCEPT that portion conveyed to the City of Spokane Valley by Right of Way Deed recorded May I,
2019 under Recording Number 6801924;
Situate in the County of Spokane, State of Washington.
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EXHIBIT B
Border Easement Area
May 1,2019
Border Easement
Legal Description
A parcel of land located in the Southwest Quarter of Section 5,Township 25 North, Range 45 East,
Willamette Meridian, Spokane County,Washington,more particularly described as follows:
Commencing at the northwest corner of the Southwest Quarter of Section 5,Township 25 North,
Range 45 East,Willamette Meridian, from which the southwest corner of the Southwest Quarter
of said Section 5,bears South 03°50'55"East,a distance of 2629 78 feet;
thence South 65°04'02"East,a distance of 34.23 feet to the northwest corner of Tract 4 of Plat
No. 1 of WEST FARMS IRRIGATED TRACTS,Volume"0" of Plats,Page 37,records of
Spokane County;
thence North 87°03'51"East along the north line of said Tract 4, a distance of 30.00 feet to a
point on the easterly right-of-way line of Barker Road;
thence along said easterly right-of-way line of Barker Road South 03°50'55"East,a distance of
38.50 feet to the Point of Beginning;
thence North 87°03'51"East parallel to and 38.5 feet south of the north line of Tracts 1,2,3 and 4
of said Plat No. 1 of WEST FARMS IRRIGATED TRACTS,a distance of 2573.09 feet to the
east line of the Southwest Quarter of said Section 5;
thence South 03°51'57"East along the east line of the Southwest Quarter of said Section 5,a
distance of 9.50 feet;
thence leaving the east line of the Southwest Quarter of said Section 5, South 87°03'51"West,a
distance of 580.36 feet;
thence South 42°03'51"West,a distance of 10.81 feet;
thence South 87°03'51"West,a distance of 76.00 feet;
thence North 47°56'09"West,a distance of 10.81 feet;
thence South 87°03'51"West,a distance of 497.07 feet;
thence South 42°03'51"West,a distance of 10.16 feet;
thence South 87°03'51"West,a distance of 86.00 feet;
thence North 47°56'09" West,a distance of 10.16 feet;
thence South 87°03'51"West, a distance of 1306.63 feet to a point on the easterly right-of-way
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line of Barker Road;
thence along said easterly right-of-way line of Barker Road North 29°32'02"East,a distance of
4.75 feet;
thence continuing along said easterly nght-of-way line of Barker Road North 03°50'55" West, a
distance of 5.50 feet to the Point of Beginning;
Containing 25,758.31 square feet or 0.591 acres,more or less
SUBJECT TO:
Existing rights-of-way and easements of record and or appearing on said above described parcel.
END OF DESCRIPTION
Prepared by this office:
h2 Surveying,LLC
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