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6913381 Easement, Border: EGR-2020-0014 Flora Rd 04/23/2020 08:58:32 AM 6913381 Recording Fee $106.50 Page 1 of 4 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Was hington IIJIIllllllIII1ulIIIlll'1"I1lUILI111111 1111 1111111 1ll'4 1M ' 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): Fortune Design&Development LLC Grantee: Government, City of Spokane Valley - Abbreviated Legal Description: Bacons Greenacres Portion of Blk 36 NE 1/4 Sec. 13, T25N, R44E, WM Assessor's Tax Parcel No(s): 45131.0107&45131.0107 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,WA BORDER EASEMENT IN THE MATTER OF Flora Road ,Project File No. EGR-2020-0014 KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Fortune Design&Development 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: See attached Legal Description and Exhibit 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 Page 1 R.E. Tax Exempt Date Oil 93 2001n . S.. _ CountyTreas. By 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 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 Heed for the disposal of public road drainage. IN WHEREOF,the undersigned has caused this instrument to be executed on this r5 day of 2020. L-- Grantor: Grantee: 5,70.e4,/ f'•�LL� By: By: Title: OW AR. Title: ! c,(i6ac% 72_ STATE OF WASHINGTON ) )ss COUNTY OF SPOKANE ) ATTEST: I certify that I know or have satisfactory evidence that `&1a_./it ��(I , 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 1 J date of p i L ,20c O . NOTAR PUBLIC In and for the State of Washington, Notary Public Residing at bt-ale VaA State of Washington - My appointment expires: 7--a -cal DEANNA HORTON MY COMMISSION EXPIRES lay 26.2021 Page 2 v • 4 BORDER EASEMENT OVER PARCELS 45131.0107 AND 45131.0108: THE EAST 10.00 FEET OF THE EAST 940.4 FEET OF TRACT 36, BACON'S ADDITION TO GREENACRES, ACCORDING TO PLAT RECORDED IN VOLUME 'J'OF PLATS, PAGE 15,CITY OF SPOKANE VALLEY, IN SPOKANE COUNTY,WASHINGTON, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID TRACT 36,WHICH POINT IS 940.4 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 159 FEET; THENCE SOUTHEASTERLY;A DISTANCE OF 941 FEET,MORE OR LESS,TO A POINT ON THE"EAST LINE OF SAID TRACT 36,WHICH POINT IS 226 FEET SOUTH OF THE NORTHEAST CORNER OF SAID TRACT; THENCE NORTH ALONG THE EAST LINE OF SAID TRACT,226 FEET; THENCE WEST ALONG THE NORTH LINE OF SAID TRACT,940.4 FEET TO THE POINT OF BEGINNING; , ,a rrtr+surutntryr t+!n'tWflO fllt,,,4 ,e)�pF7% . Rir : . 1 �fIIIlr. -i ,,27329As.:4,,, {It aI f:fsej. .,15 .,,J' g ! bon`b'� n r Itr4rttet nunnrrturn utt,C • 940.40' DEED 940.4' NORTHEAST CORNER OF i TRACT 36 0 0 co G'S ^b6 POD�C-SII A 4g PG w 0�o G��EtJ 0 I 0 0 co c4 S85'4757`E 926.88. N 30' . QP¢G�� O I Sc�O ,�0$ CC * 151 El C in M Q ci IO �— PROPOSED D 10'�" M WIDE BORDER RIGHT OF WAY EASEMENT LI EASEMENT PER E2 J g 10 I AFN 472499A OVER SOUTH 10' GF,V OF TRACT 36 QQ� O SOUTH LINE OF S.SSOEz0,�01 N TRACT 36 1,5 6g�3 10.00' I li FOR PROPERTY BOUNDARY AND • 07 W 941.36 ADDITIONAL INFORMATION, SEE r") NE RECORD OF SURVEY FILED IN A�NUI BOOK 178 OF SURVEYS, PAGE 14. I ' El = 20'x20' EASEMENT PER 0 50 ..00 , . 200 AFN 172863C (IRRIGATION) M io - - E2 = 20'x20' EASEMENT PER cv oo SCALE: 1" = 1 00' AFN 168424C (IRRIGATION) rn 30' Hsu.,. --'14) i '7;.0q'wAskf. BORDER EASEMENT EXHIBIT MAP F' ' 0 . SCALE HIS DRAWN BY:DZ • c: DATE: MARCH 16. 2020 EXHIBIT MAP roe :m z: — NE 1/4 NE 1/4, S13, T25N, R44E. WM II�I ) 4. '0* BELSBY ,� HORROCKS •AL.LA1 A ENGINEERING E N E E R S ` 1325 W. 1ST AVE., #204, SPOKANE, WA (509) 747-6790