6851969 Easement, Access: Summerfield East Homeowners, PE-1206-78 8th Add 10/10/2019 03:13:52 PM 6851969
Recording Fee $100 50 Pag 1 f 6
Easement GOVERNMENT CITY OF SPOKANE VALLEY
Spokane County Washington
111111 111111 IIIIII111111111111II I Ii]IIIIII111111III 11111PIIIIIIIIIII
AFTER RECORDING RETURN TO:
CITY OF SPOKANE VALLEY
•
CITY CLERK
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document: Access Easement
Reference No: PE-1206-78 8th Add.
••
Grantor: Summerfield East Homeowners Association
Grantees: City of Spokane Valley
Abbreviated Legal Description: Pm. of SEI/4,NE1/4, and NW 1/4, 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
ACCESS 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 easement depicted and described in Exhibits "A-1 and A-2" attached hereto and
incorporated herein by this reference, for the purposes of ingress and egress, along and to the
drainage channel and drainage pond described in Exhibit"B" attached hereto and incorporated
herein by this reference. This easement is subject to an easement in favor of The United States of
America 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.
The Access Easement also allows stormwater drainage and/or runoff over and across the above-
described real property. The Grantor or its 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 its successors in interest hereby agree to having complete and total responsibility
for the construction and perpetual maintenance of all-weather access extending across and along
this Easement including accesses to Forker Road and Progress Road at each end of the easement.
At a minimum, all-weather access for the extent of the easement including public road access
shall be restored and maintained by end of September each year in anticipation of winter storms.
R. EXCISE TAX EXEMPT
D A T E Oduberyfit" 0 19 1
SPOKANE COUNT TREAS.
O
The Grantor or its successors in interest agree that the City of Spokane Valley has no
responsibility for maintaining this Easement or the facilities within. If the Grantor or its
successors in interest fail to maintain said facilities, a notice of such failure may be given to the
Grantor or its 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 its successors in interest. Such expenses, if not paid within 60
days of notification, maybe filed with the County Auditor as a lien against the real property.
The Grantor or its 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.
DATED this Sr". day of IXT I fltr2 . , 2019.
SUMMER,FFIIEE-LLD,. EAST HOMEOWNERS ASSOCIATION
By: (7(✓
Its: RIOaioti.Jr�,
ACCEPTED:
CITY OF SPOKANE V: L
By: j , � �, , /�
Title: .�
2
ogcl on
STATE OF WWOWNCTON)
C e-o nok.3 )ss.
County of St3ekauM )
I certify that I know or have satisfactory evidence that v-Als t Rini is , known to
be the PNteSIdcitt , 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: OCVotbeQ. a ainct l.%nnt(]2€sQ Q Lni sl+r.o=0
NOTARY PUBLIC in and for the State of ppb
Walhitegtem residing at ScY'0 S
My commission expires: S• ao•ap'a3
•e , OFFICIAL STAMP
KIMBERLY DIANE OUTHRIE
�5 NOTARY PUBUC-OREGON
'r,1 COMMISSION NO 987928
MY COMMISSION EXPIRES MAY20,2023
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Exhibit A-I
Legal Description of Access Easement
AN ACCESS AND MAINTENANCE EASEMENT OVER AND ACROSS 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 OF THE WEST RIGHT OF WAY LINE OF PROGRESS ROAD
WITH 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 AND THE
SOUTHWESTERLY LINE OF A 500 FOOT WIDE POWER LINE EASEMENT, PER ASSESSOR'S
FILE NUMBER 572309A,A DISTANCE OF 781.38 FEET;THENCE N44°49'30"E, 189.45 FEET;
THENCE N12°35'46"W,45 78 FEET;THENCE N46°50'48"W,47.54 FEET; THENCE N72°42'42"W,
37.95 FEET;THENCE S87°11'33"W, 154.51 FEET; THENCE 545°40'03"W, 13.87 FEET; THENCE
N67°38'21"W, 108.75 FEET TO A POINT 30 FEET NORTHEAST, MEASURED AT RIGHT
ANGLES,FROM THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT;THENCE
N45°57'15"W,PARALLEL WITH SAID SOUTHWESTERLY LINE, 517.93 FEET; THENCE
S84°56'18"W, 13.23 FEET TO A POINT 20 FEET NORTHEASTERLY,MEASURED AT RIGHT
ANGLES,FROM THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT; THENCE
N45°57'15"W,PARALLEL WITH SAID POWER LINE EASEMENT, 809.90 FEET TO THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF FORKER ROAD,WHICH IS A POINT ON A
CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2894.77 FEET,A
RADIAL LINE FROM THE CENTER OF SAID CURVE BEARS S38°58'46"E;THENCE
NORTHEASTERLY,THROUGH A CENTRAL ANGLE OF 0°23'55" AN ARC DISTANCE OF 20.14
FEET;THENCE S45°57'15"E, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID POWER
LINE EASEMENT, 798.35 FEET; THENCE N84°56'18"E, 13.23 FEET; THENCE S45°57'15"E, 523.24
FEET; THENCE S67°38'21"E, 78.83 FEET;THENCE N87°11'33"E, 183.54 FEET;THENCE
S72°4242"E,46.09 FEET;THENCE S46°50'48"E,58.30 FEET;THENCE 512°35'46"E, 62.89 FEET;
THENCE S44°49'30"W, 86.87 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST
AND HAVING A RADIUS OF 92.00 FEET;THENCE SOUTHWESTERLY, SOUTHERLY AND
SOUTHEASTERLY,THROUGH A CENTRAL ANGLE OF 90°46'45",AN ARC DISTANCE OF
145.76 FEET TO A POINT 20 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF
SAID POWER LINE EASEMENT; THENCE S45°57'15"E,PARALLEL WITH SAID
SOUTHWESTERLY LINE, 654.11 FEET TO THE WESTERLY RIGHT OF WAY LINE OF
PROGRESS ROAD; THENCE S02°20'33"E,ALONG SAID RIGHT-OF-WAY LINE,29.00 FEET;
THENCE N45°57'15"W, 7.24 FEET TO THE POINT OF BEGINNING.
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I
.
Exhibit A-2
Depiction of Access Easement
4094` C 1 1
.,-"- \\N 0
4) <� 5 1/4 0 150 300
OF q
Cr
SE 1/4 OF A
- NW 1/4
N.
/ CENTER OF \9 L39 \
SECTION 35
\\IN.
'N
anr44.. NW
1$P,e, OF SEE1/4�"1. <
57
e1SJ L55 454 L44
8 (9 L53
49' \ W�Y 152
LINE TABLE _`— Tipp)e
LINE LENGTH BEARING _.)
L37 80990 N455]95'W __ 1.-.)
ue _` �
L30 798.35I N{$5]'15'W 1 51
L39 1923 N8458'18"E .
L90 523 24 N455>95"W A� ESS EASEMENT
L41 78.83 587'38'21 E. �___ �
L42 183 54 N8711'33'E
L43 58.30 S48'4;'4TE ...................................., ` C90
L44 58 30
L45 82 89 512 35'48"E Or 04 a 45 i ,O
L96 86.87 544'49'30'W 0 �
L97 85411 N455715 W ' 1{( O �� L
L48 29.00 NO220'33 W {tQQQVVV' �•
/ .1 POB
L501 7181.3a N54449'30"W t61 � `"4`
L51 189 45 544'49'30'W
L52 45.79 512'3S'g8"E 1�y 1 WSW
r--�
L53 4754 54850'42E 5]2'42'a;'E .
L54 37 95 .......
L55 15451 Ne711.33•€ EXHIBIT — ACCESS EASEMENT
L56 5
,375 567.481
.0'2.03"E
TO POND AND CHANNEL
t 185 4 '4
L57 3 F
L58 517.93 N45'57'15'2
L59 1323 Ne4'569R'F IN SECTION 35, T.26 N.. R.44 E.W.M.
CURVE TABLE -` Founded 194.5
Inc.
CURVE DELTA RADIUS LENGTH C9�iGINEERmpson Engineers,SURVEYORS
Cu 0.23.55• 289477 20.5 CIVIL ENGINEERS & LAND
C12 90.46'45• 92.00 145.76 N. 904 8509) 92RGONNE 4222ROADSPOKANE VALLEY 9WA,
26
PHONE (509) 926-1322 FAX <509) 926-1323
5
Exhibit B
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 572309k 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 PONT 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; 31
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°57'15"W,ALONG THE SOUTHWESTERLY LINE OF SAID POWER LINE
EASEMENT,A DISTANCE OF 1389.53 TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
FORKER 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 S45°57'15"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 512°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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