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6862082 Easement, Border: Burns Rd, EGR-2018-0012 AFTER RECORDING RETURN TO: 11/08/2019 10:48:18 PM 6862082 Recortlma Fee {105 50 Pae> 1 t 3 City of Spokane Valley Easement GOVERNMENT, CRr OF SPOKANE VALLEY Attn City Clerk spox>ne c=unir w>.n�ne�on 10210E Sprague Avenue 1111111111111111111111111611111111111111111111111111111111 W Spokane Valley, WA 99206 Document Title: Border Easement Grantor(s). FIVE FIFTY,LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description PTN SE 7n SEC. 35,T.26N., R.44 E.W.M. Assessor's Tax Parcel No(s): 46354.9072 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, WA BORDER EASEMENT IN THE MATTER OF BURNS ROAD , Project File No. EGR-2018-0012, KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), FIVE FIFTY. LLC, for and in consideration of mutual benefits, the receipt of which is hereby acknowledged, warrants and conveys to the City of Spokane Valley, a municipal corporation of the State of Washington,a BORDER EASEMENT over the following described real property, situated in the City of Spokane Valley, Spokane County. State of Washington,to- wit: A 13 00 FOOT WIDE STRIP OF LAND BEING EAST OF AND ADJACENT TO BURNS ROAD RIGHT OF WAY LYING BETWEEN LOT 2, BLOCK 4 OF SUMMERFIELD EAST 8TH ADDITION AS PER PLAT RECORDED IN BOOK 41 OF PLATS,PAGES 55-56,AFN 6856147 AND LOT 6, BLOCK 18 OF SUMMERFIELD EAST 4TH ADDITION AS PER PLAT RECORED IN BOOK 28 OF PLATS, PAGES 21-22,AFN 4790738. SITUATE IN THE CITY OF SPOKANE VALLEY, STATE OF WASHINGTON The Border Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents, and to the public for road and utility purposes, including but not limited to curbs, sidewalks, grading, drainage, signage, usage by utility companies and other usage deemed necessary by City of Spokane Valley for the safety and welfare of the public. Utility easements may cross the border easement but cannot be entirely located within the border easement No fence or portion thereof will be constructed within said Border Easement without permission of the City of Spokane Valley, nor will any objects be placed in said Easement that would obstruct the sight distance necessary for safe and efficient vehicular movement. Any other Easements, except right-of-way granted or dedicated within this Border Easement, are subject to the Spokane Valley permit process prior to usage. 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 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 Border 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 agree to and shall maintain in good repair the sidewalks, driveways and landscaping to be installed on such property, and when so doing shall not be considered Page 1 R.E.Exclee EScanpt BY�ineee. 2o1`1 BY agents of the City of Spokane Valley. 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 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. The City of Spokane Valley 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 WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this 6 11, day of Nnvo,n bor ,20 19 1 , Grantor:— I\� LL Grantee. Li c7,5. CA✓E �i4Lr� I 9 / , / By: \yy� \`,�, �,��.e - By: tilt Zete Title A• V VAVQj..•\ Title: L i>✓ Zn/6/..dan STATE OF WASHINGTON ss COUNTY OF SPOKANE ) ATTEST: I certify that I know or have satisfactory evidence that K .n ru ppe r Grantor, is the individual who appeared before me, and who acknowledged that 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 Oil date of Hovtrvrwcr ,2019 . ons NOTARY PUBLIC OW51* In and for the State of Washington, grer`�}, •.SI Residing at p;, 1: St. My appointment expires. 3 ; • PUMA 5?" wq i 41;rrm"""F�"' Page 2 BORDER EASEMENT A 1300 FOOT WIDE STRIP OF LAND BEING EAST OF AND ADJACENT TO BURNS ROAD RIGHT OF WAY LYING BETWEEN LOT 2, BLOCK 4 OF SUMMERFIELD EAST 8TH ADDITION AS PER PLAT RECORDED IN BOOK 41 OF PLATS, PAGES 55-56, AFN 6856147 AND LOT 6, BLOCK 18 OF SUMMERFIELD EAST 4TH ADDITION AS PER PLAT RECORED IN BOOK 28 OF PLATS, PAGES 21-22, AFN 4790738. SITUATE IN THE CITY OF SPOKANE VALLEY, STATE OF WASHINGTON ) \ m xl xl 1 Wh8- es IS.,mIS n IE- I LOT 2 - BLOCK 4 miD I SUMMERFIELD EAST 8TH ADDITION m N I% I m A2 y 1'0 N89'26"E 13' z 9' I 19' o N b' o UNPLATTED e P f ODC C A VI 13' 387'07'52°W A x ix II v wl3- 1 0 wSl 2 in- 1 0 A I� l LOT 6 - BLOCK 18 I 19' 19' s i m Ia SUMMERFIELD EAST N Im 4TH ADDITION 2 - I~ ES E I, OF WAS • NORTH 1 vC q 1p� p,,•:9984,10q(�b� p �f 'ocIsitt' °NAL LAND , c SCALE 0 25 50 Founded 1946 impsonn Engineers, Inc. 1" = 50' CIVIL ENGINEERS & LAND SURVEYORS N. 909 ARGONNE ROAD, SPOKANE VALLEY, WA , 99212-2789 PHONE (509) 926-1322 FAX (509) 926-1323