6854598 Easement, Drainage: Main Ave, EGR-2019-0051 110/18/2019
5099:307 504:29 PagAM of 5 6854598
dingEasement GOVERNMENT CITY OF SPOKANE VALLEY
Spokane County Washington
AFTER RECORDING RETURN TO: 11111111I11111111111u11du rrii iii 1 viii111111Ir 11M11111
City of Spokane Valley
City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): Eat Seven,LLC
Grantee: Government,City of Spokane Valley
Abbreviated Legal Description: OPPORTUNITY E75FT OF W 150FT OF N148FT OF BLK 150 EXC RD
Assessor's Tax Parcel Number(s): 45163.0574
CITY OF SPOKANE VALLEY
Community and Public Works Department
Spokane Valley, Washington
DRAINAGE EASEMENT
IN THE MAT TER OF Main Avenue (City of Spokane Valley Project No. EGR-2019-0051,hereinafter
referred to as the "project")
KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), EAT Seven,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.
Being a portion of Tract 150 of the Plat of Opportunity, Book K of Plats, Pages 21 and 22, records of
Spokane County,within the Southwest Quarter of Section 16, Township 25 North, Range 44 East, W.M ,
City of Spokane Valley, Spokane County, Washington being more particularly described as follows.
The East 45 00 feet of the South 18 00 feet of the North 43.00 feet of the East 75 00 feet of the West
150 00 feet of the North 148.00 feet of said Tract 150
Situate in the City of Spokane Valley, Spokane County, Washington
[Legal Description Here]
Page 1
A. E E CIS TAX EXEMPT
DATE (�t�e� �
SPOKA E COUMTYIf tAs,
Fic.9 ��
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 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 arc 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 stormwatcr 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. y
IN WITNESS WHEREOF,�rthe undersigned has caused this instrument to be executed on this (
day of .'1V{je/c , 204,
Page 2
4/ . , V.Grantor(s): Li' Grantee. JL i7 Tee'
�/ dead I,/'C(/
By. 'J.-Oka.) dn.�,✓�—.� By: /(1–Gf/ G� /
Title. M14tJTitle: C7 Z..JI i.Jt2s�
Page 3
STATE OF WASHINGTON )
)ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that TO ) 144--C M , 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"`IIIIIIIIUIt2"G
mentioned in this instrument. yJta•m yMlE 'PO��
•
(( _41. I.°j.NOTARY''\ E
Dated this 1 ? date of OC 4O oer ,20 )C( . = ' ' 1
it
NRY JBLIC
PtC:((-C—J tr. ... . A9/.... . .
tollimmoill
In and for the State of Washington,
Residing
Residing at 1-Iash?Y/� ru•—
My appointment expires.. Re 6 2S a-2
Page 4
/ EXHIBIT
PORTION OF TRACT 150, "OPPORTUNITY"
IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 25 NORTH, RANGE 44 EAST, W M ,
CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON
NORTH LINE OF
TRACT 150r� —.-..r — -
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_ — — N8712'44"E
— — 75.41'
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PROPOSED PROPOSED
RIGHT–OF–WAY I STORM DRAINAGE
DEDICATION TO THE 18 EASEMENT TO THE
CITY OF SPOKANE VALLEY -45' CITY OF SPOKANE VALLEY
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510 east third avenue I Spokane,washInton 99202 DRAWN KSN DATE 09/23/2019 EXHIBIT 1
p 509242.9000(5092422002 CHECKED TAC SCALE 1" = 30' PROJECT 19-130 /