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6972962 Easement, Border: Marietta Ave, EGR-2020-0062 09/25/2020 09:22:39 AM 6972962 Recording Fee $106.50 Page 1 of 4 Easement CITY OF SPOKANE VALLEY - CITY CLERK u Spokane County Washington 11L111111 IILIIII ILI2111l11I1 IL110 IIII III 1111111111 U1111I11II1 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): MTVJ,LLC _ Grantee: Government.City-of Spokane Valley - _ _ _ — _ - __ e _-- _ _ - Abbreviated Legal Description: Tract 5,Block 1 BSP 64-98, Sec. 11,T.25N.,R44E,W.M. Assessor's Tax Parcel No(s): 45111.0104 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,WA BORDER EASEMENT IN THE MATTER OF Marietta Avenue,Project File No.EGR-2020-0062,KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), MTVJ, 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 5.5 foot wide easement being a portion of Lot 5, Block 1 of the Binding Site Plan BSP-64-98, per plat thereof recorded in Book 2 of Binding Site Plans, Pages 30-31, records of Spokane County, lying in the Northeast Quarter of the Northeast Quarter of Section 11,Township 25 North,Range 44 East, Willamette Meridian, City of Spokane Valley, Spokane County, Washington and more particularly described as follows: Commencing at the southeast corner of Lot 5, Block 1 of said Binding Site Plan BSP-64-98 from which the southeast corner of Lot 6, Block 1 bears North 29°08'43"East 49.56 feet;thence along the South line of said Lot 5,Block 1, South 89°29'00"West 6.00 feet to the True Point of Beginning;thence continuing along said South line, South 89°29'00" West 5.50 feet; thence leaving said South line and along a non- tangent curve to the right with a radius of 61.50 feet, an arc length of 70.38 feet, a central angle of 065°34'11"and a long chord that bears North 32°13'46"East 66.60 feet to the West line of said Lot 6,Block 1; thence along said West line, South 00°31'00" East 6.11 feet to the North line of the existing border easement;thence along said North line along a non-tangent curve to the left with a radius of 56.00 feet,an arc length of 61.56 feet, a central angle of 062°59'06" and a long chord that bears, South 30°56'00" West 58.51 feet to the True Point of Beginning; said easement containing 363 square feet of land,more or less; as depicted on EXHIBIT B. .R. to EzdseTax Exempt�Zd Page 1 Spokane Cot*Treas. t 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 apart of the consideration hereof,does hereby agree as.a cotenant ., running with the th land that in e 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 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 ZS R day of $e +e- l(r ,201c . Grantor: TVJ LLC Grantee: 520,-, &�i�L 7/ By: By: �.( /af Title: Govern Title: 6,7 Z�cIGfJE�/Z STATE OF WASHINGTON ) �� '� `sS1Oi )ss _ :c? NoTAR COUNTY OF SPOKANE ) ATTEST: = w•+ cn P UB 1r1G _ Page 2 ///,/���Q�r�WAS�` ����� a On this ZD'day of �1.071- 202-0,before me,the subscriber,a Notary Public in and for said State and County,personally appeared 404 A - ip , a Governor of MTVJ, LLC, known or subscribed and sworn to me to be the person whos�ame is subscribed to the within instrument,and in due form of law acknowledged that he is authorized on behalf of said limited liability company to execute all documents pertaining hereto and acknowledged to me that he executed the same as his voluntary act and deed on behalf of said limited liability company. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. `kkA __ — _ Dated this ,Z) side_of �`4.\ • RlIVG+ ''". NOTARY PUBLIC \��P. `gs�on'F _ :F yF In and for the State of Washington, An Residing at: /7Z07 E. DA l = PUB- !p My appointment expires: /a-03-01 '�i, TF s�` Page 3 b 6 SP-64-96 - - - - __ (gK yPG 30 31� /CALCULATED POINT f NOTHING FOUND OR SET(TY� SOo°31'OOE • • . 5 /y / T. 6.11' � BLOCK 1 // /, �' —. / // / FOUND 1/2"RB / / / • YPC 26390 / // EX. 6'BORDER / / / EASEMENT(R-1) 11.5' / /0 / 5.5'BORDER /G�l, EX. 16.49' EASEMENP h WATER / / / O^ ,'° EASEMENT / / / V.op _ (R-1) / 1- -I— 0cb Il I 0/ x. 1o'PUBLIC 'TMARIETTA AVENUE f UTILITY EASEMENT(R-1) 1 15.50:.00:/ I •�•_L1 • TRUE POINT OF 1 BEGINNING 10'PUBLIC UTILITY EASEMENT (R-1) EX.35' REFERENCE DOCUMENTS 4 FRONT YARD \ SETBACK(R-1) \ (R-1) BINDING SITE PLAN BSP-64-98 PREPARED BY \ LANDTEC,LLC FILED IN BOOK 2 OF BINDING — \ \- SITE PLANS,PAGES,30-31,RECORDS OF \ SPOKANE COUNTY, WASHINGTON. Curve Table Line Table Curve# Length Radius Delta Bearing Chord Line# Bearing Length C1 51.85' 50.00' 059°25'09" S29°08'43"W 49.56' LI S89°29'00"W 11.50' C2 61.56' 56.00' 062°59'06" 530°56'00'W 58.51' o o C3 70.38' 61.50' 065°34'11" N32°13'46"E 66.60' lai 0 20 SCALE:1"=20' BORDER EASEMENT BEING A PORTION OF DESIGNED BY: DLH EXHIBIT "B" LOT 5 OF BINDING SITE PLAN BSP-64-98 DRAFTED BY: WAL LYING IN THE NE1/4 OF NE1/4 OF SCALE: 1"=20' LAKE CITY ENGINEERING 126 E.POPLAR AVENUE SECTION 11, T25N, R44E, W.M. DATE: 09/04/2020 COEUR D'ALENE,IDAHO 83814 CITY OF SPOKANE VALLEY, JOB NO: LCE 20-006 PHONE:208-676-0230 WWW.LAKECITYENGINEERING.COM SPOKANE COUNTY, WA FILE:20-006-BRDRXHBT.dwg / PLOTTED: Sep 17,2020—3:58pm