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6975200 Easement, Border: Dishman Rd, EGR-2019-007109/30/2020 09:33:26 AM 6975200 Eof 4 asements FeeCSITYOFPage NE sOSPOKIVALLEY - CITY CLERK Spokane County Washington _ IiIIIIII JIIII III 1JILIIIIII IIIIILIII1 IIII III! AFTER RECORDING RETURN TO: City of Spokane Valley Attn: City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 1IIIIllElll[I lhI IIII I IIII IL Document Title: Border Easement Grantor(s): Heinen Brothers INC. Grantee: Government, City of Spokane Valley Abbreviated Legal Description: 20-25-44 PTN OF W1/2 OF W 1/2; BEG AT NW COR OF SIESTA MOBILE PARK ADD TH N19DEG 28M1N E311.26FT TH N36DEG 30MINE35.5F T TH N36DEG 30MIN E180.5FT TO WLY LN OF OWR & NCO R/WTH SELY ALG SD R/W TO INT WITH N LN OF SD PLAT TH W ALG SDN LN TO POB; EXC BEG NE COR OF NV/1/4 OF SW1/4 TH SLY ALG ELN SD NW1/4 0 F SW1/4 330FT TH WLY PAR TO N LN NW1/4 OFSW1/4 174.64FT TO TRUE POB TH CONT WLY PARL TO N LN 245.88FTTH NLY AT R/A 100FT TH ELY AT R/A 205FT TH SELY PAR TO &SOFT WLY OF R/W OWRR 108.03FT TO POB Assessor's Tax Parcel No(s): 45205.9025 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, WA BORDER EASEMENT IN THE MATTER OF Dishman Rd., Project File No. EGR-2019-0071, KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Heinen Brothers INC., 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: Commencing at the center quarter corner of said section 20, thence South 89°53'12" West along the East-West centerline of said section 20, a distance of 1,814.97 feet, to an angle point on the West line of said Parcel 1; Thence along the West boundary of said Parcel 1, North 35°19'35" East, a distance of 90.01 feet, to a point on said West line of Parcel 1 that is a 10.00 foot offset from the Southwest right of way of S. Dishman Road, when measured at right angles; Thence North 35°19'35" East, a distance of 11.09 feet, to a point on the Southwesterly right of way of S. Dishman Road. Said point being the point of curvature of a non tangent curve to the left. Said curve having a radius of 213.82 feet, a delta angle of 39°13'43", and a chord which bears South 48°03'05" East 143.55 feet; Thence along said right of way and curve, a distance of 146.40 feet, to a point of non tangency; Page 1 R. E. Excise Tax J Exempt C 20 20 CowlyTmes. rer Thence South 22°08'48" East, a distance of 231.33 feet, to the Southeasterly most point of said Parcel 1 along said S. Dishman road Right of Way., Thence leaving said right of way and following the boundary of said Parcel 1, North 89°41'04" West, a distance of 10.82 feet, to a point 10.00 feet distant from said Southwest right of way of S. Dishman Road, when measured at right angle; Thence leaving the boundary of said Parcel 1, and following a course parallel with and ten feet distant from said Southwest right of way of S. Dishman Road, North 22°08'48" West, a distance of 223.06 feet, to a point of curvature of a non tangent curve to the right. Said curve having a radius of 223.82 feet, a delta angle of 36°53'22", and to which a chord bears North 48°08'13" West 141.63 feet; Thence along said curve a distance of 144.11 feet, to the True Point of Beginning and the terminus of this description. Said parcel contains 3,724 square feet, or 0.09 acres, more or less. 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 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. Page 2 00 IN WITN W EREOF, the undersigned has caused this instrument to be executed on this q day of �r ,20� . Grantor: Heinen Brothers INC. By: Title: Pr STATE OF WASHINGTON ) �� ) ss COUNTY OF ) Grantee: Government, City of Sppkane Valley By: Title: ATTEST: I certify that I know or have satisfactory evidence that 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 cm date of NOTARY PUBLIC In and for the S of Washington, Residing at My appointment expires: i//o! /ate Page 3 ,202) . N 35' 19' 35"E 11.09' POINT OF BEGINNING kp_ \ \ R=213.82 DELTA=039° 13'43" L=146.40 CHORD=S48° 03' 05"E 143.55 10' BORDER EASEMENT N. CENTER UNE OF R=223.82 SECTION 20 DELTA=036°53'22" -L=144.11 \ CHORD=N48° 08' 13"W \ NORTHWEST 1/4 141.63 \ OF THE SOUTHWEST 1/4 \ N \ PARCEL 1 \rr cP OF �► BOOK 134 OF SURVEYS \\t'='�p PAGE 21 RECORDS OF \ SPOKANE COUNTY, WASHINGTON \ SOUTHWEST 1/4 OF THE NORTHWEST 1/4 POINT OF COMMENCEMENT 181.4,.,Q7' — S89' 59' 12'W EAST —WEST E' 8TH AVENUE CENTER\OF SECTION \ IP b 10' BORDER EASEMENT N89' 41' 04"W" 10.82' ?.\ N W E S PROJ #: 19-2355 DATE: 04/ 1 4/20 DRAWN: EJW APPROVED: DAC SCALE: NTS BORDER EASEMENT EXHIBIT BASIN SOD 812 S. DISHMAN RD SPOKANE VALLEY, WA 4WC E WHIPPLE CONSULTING ENGINEERS 21 S. PINES ROAD SPOKANE VALLEY, WA 99206 PH: 509-893-2617 FAX.509-926-0227