6851968 Easement, Drainage: Summerfield East Homeowners, PE-1206-78 8th Add 10/10/2019 03: 13:525S PM 6851968
Easem�nte FeeGOVERNNENTPaC ITY OF SPOKANE VALLEY
Spokane County Washsneten
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AFTER RECORDING RETURN TO:
CITY OF SPOKANE VALLEY
CITY CLERK
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document: Drainage Easement
Reference No: PE-1206-78, 8th Add.
Grantor: Summerfield East Homeowners Association
Grantee: City of Spokane Valley
Abbreviated Legal Description: Pm. of SE1/4,NE1/4, and NW1/4, Sec. 35, T. 26N, R 44 EWM
Complete Legal Description on Page 4
Tax Parcel Number(s): 46354 9036,46355.9035,46351.9037 46352.9039
DRAINAGE EASEMENT
KNOW ALL PERSONS by these presents that Summerfield East Homeowners Association, a
Washington non-profit corporation,hereinafter referred to as Grantor, for and in consideration of
mutual benefits and for no monetary consideration, grants, dedicates, warrants and conveys to
the Grantee, City of Spokane Valley, a Washington municipal corporation, a perpetual, non-
exclusive DRAINAGE EASEMENT over, upon and across the property situated in the City of
Spokane Valley, Spokane County, State of Washington, described in Exhibit "A" attached hereto
and incorporated herein by this reference.
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 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 or their successors in interest agree that the City of Spokane Valley has no responsibility
for maintaining this Easement or the facilities within.
The Grantor 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,
R . E DATE ISE EXEMPT
/1
DATE Y/
SPUNAN UNT TREAS.
BY ti
•
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 or their successors in
interest hereby agree to have complete and total responsibility for the perpetual maintenance of
the facilities located within this Easement. In addition, the Grantor or their successors in interest
agree to and, shall maintain the drainage area with permanent live ground cover,which may
include grasses, shrubbery and/or trees, so long as they do not obstruct the flow and percolation
of stormwater drainage and/or runoff. If the Grantor or their successors in interest fail to
maintain said facilities, a notice of such failure may be given to the Grantor 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
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 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.
This Easement is subject to an easement in favor of The United States of Amenca for
transmission line right of way dated August 25, 1942 and recorded in the real estate records of
Spokane County,Washington under Spokane County Auditors No. 572309A.
DATED this j-3"" day of tr pe:ea- , 2019.
SUMMERFIELD EAST HOMEOWNERS ASSOCIATION
By: a—,
Its: F2041OSLIT
ACCEPTED:
CITY p2. E yr)Cl,/}/.,�Y
By: nf /4c//.�/'E'OC
Title: Li'7' L,c«/iic.4
2
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09.GLOt1
STATE OF WASIHNEETON)
)ss.
County of
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I certify that I know or have satisfactory evidence that 1.1Ø ? e\rcuC , known to
be the Pocs(acr , of Summerfield East Homeowners Association, the non-profit
corporation that executed the foregoing instrument to be the voluntary act and deed of said
Summerfield East Homeowners Association for the uses and purposes herein mentioned, and on
oath stated he/she was authorized to execute the said instrument.
DATED: (�o% �4 VcPs ()j aolivrsac _kq C) Ao>thQJ i
NOTARY PUBLIC in and for the State of OSCtAl1
Atashiagten, residing at OGSr eKAGS
My commission expires: S.AO. anal
KIMBERLY OIPNRR
9SE OUIE
1�,-,r NOTARY PUBLIC-OREGON
or COMMISSION NO 987928
MY COagsSICN EXPIRES MAY 20,2023
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Exhibit A
Legal Description of Drainage Channel and Drainage Pond
THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4,THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,
T.26N, R.44 E.W.M,LYING NORTHERLY OF SUMMERFIELD EAST FOURTH ADDITION AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF PROGRESS ROAD
AND THE NORTH LINE OF LOT 1, BLOCK 16 OF SUMMERFIELD EAST THIRD ADDITION,AS
RECORDED IN BOOK 18 OF PLATS,PAGE 31 IN SPOKANE COUNTY,WASHINGTON;
THENCE N45°57'15"W,ALONG THE NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF
148.87 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 1;THENCE CONTINUING
• N45°57'15"W,ALONG THE SOUTHWESTERLY LINE OF A 500 FOOT WIDE POWER LINE
EASEMENT, PER ASSESSOR'S FILE NUMBER 572309A,A DISTANCE OF 370.59 FEET TO THE
INTERSECTION OF SAID SOUTHWESTERLY POWER LINE EASEMENT WITH THE
SOUTHEASTERLY PROPERTY LINE EXTENDED OF LOT 1, BLOCK 18 OF SUMMERFIELD
EAST FOURTH ADDITION,PER PLAT RECORDED IN BOOK 28 OF PLATS, PAGE 21 AND 22,
SAID POINT IS ALSO THE TRUE POINT OF BEGINNING;THENCE S41°03'40"W, ALONG SAID
EXTENSION,A DISTANCE OF 60.34 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 1,
BLOCK 18 OF SUMMERFIELD EAST FOURTH ADDITION; THENCE THE NEXT SIX COURSES
AND DISTANCES ALONG THE NORTHERLY LINE OF SAID SUMMERFIELD EAST FOURTH
ADDITION:
1)N38°53'31"W A DISTANCE OF 30.00 FEET;2)N26°46'44"W A DISTANCE OF 106.63 FEET;3)
N39°21'13"W A DISTANCE OF 52.37 FEET; 4)N66°05'35"W A DISTANCE OF 49.94 FEET; 5)
N75°24'48"W A DISTANCE OF 103.23 FEET; 6)S87°07'52"W A DISTANCE OF 286.96 FEET TO
THE NORTHWEST CORNER OF LOT 6,BLOCK 18 OF SAID SUMMERFIELD EAST FOURTH
ADDITION; THENCE NO2°50'34"W A DISTANCE OF 116.97 FEET;THENCE N87°09'26"E A
DISTANCE OF 197.34 FEET; THENCE NO2°50'34"W A DISTANCE OF 101.04 FEET TO THE
INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT;
THENCE N45°57'I5"W,ALONG THE SOUTHWESTERLY LINE OF SAID POWER LINE
EASEMENT,A DISTANCE OF 1389.53 TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
PORKER ROAD WHICH IS ALSO A POINT ON A CURVE CONCAVE TO THE NORTHWEST
AND HAVING A RADIUS OF 2894.77 FEET.THE RADIUS POINT OF SAID CURVE BEARS
N38°34'50"W;THENCE NORTHEASTERLY,THROUGH A CENTRAL ANGLE OF 00°23'56",AN
ARC DISTANCE OF 20.16 FEET; THENCE 54597'15"E,PARALLEL WITH THE
SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT,A DISTANCE OF 809.90 FEET;
THENCE N84°56'18"E A DISTANCE OF 13.23 FEET;THENCE S45°57'15"E,PARALLEL WITH
SAID POWER LINE EASEMENT,A DISTANCE OF 517.90 FEET,THENCE S67°38'21"E A
DISTANCE OF 108.72 FEET;THENCE N45°40'03"E A DISTANCE OF 13.87 FEET; THENCE
N87°11'33"E A DISTANCE OF 154.51 FEET; THENCE S72°42'42"E A DISTANCE OF 37.95 FEET;
THENCE S46°50'48"E A DISTANCE OF 47.54 FEET;THENCE S12°35'46"E A DISTANCE OF 45.78
FEET; THENCE S44°49'30"W A DISTANCE OF 189.42 FEET TO THE SOUTHWESTERLY LINE
OF SAID POWER LINE EASEMENT; THENCE S45°57'15"E, ALONG SAID POWER LINE
EASEMENT, A DISTANCE OF 262 83 FEET TO THE TRUE POINT OF BEGINNING.
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