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6975208 Easement, Drainage: Dishman Rd, EGR-2019-0071 09/30/2020 09:37:16 AM 6975208 Recording Fee $106.50 Page 1 of 4 Easement CITY OF SPOKANE VALLEY - CITY CLERK Spokane County Washington AFTER RECORDING RETURN TO: - _I III1111 J111I1Iii 1111111111 IIIII1lI ii1I11111ILIIliIII 111111JIl11_1 JJJiiJII! City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): Heinen Brothers INC. Grantee: Government, City of Spokane Valley Abbreviated Legal Description: 20-25-44 PTN OF W 1/2 OF W 1/2; BEG AT NW COR OF SIESTA MOBILE PARK ADD TH N19DEG 28MIN E311.26FT TH N36DEG 30MINE35.5F T TH N36DEG 30MIN E180.SFT 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 NW1/4 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 Number(s): 45205.9025 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,Washington DRAINAGE EASEMENT IN THE MATTER OF Dishman Rd. (City of Spokane Valley Project No.EGR-2019-0071,hereinafter referred to as the"project") 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 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: Commencing at the center quarter corner of said section 20,thence South 89°53'12"West along the North line of the Southwest quarter of said section 20,a distance of 1,621.88 feet,to a point intersecting the centerline of Dishman road; Thence following said centerline, South 22°08'30"East, a distance of 246.48 feet,to a point intersecting the South line of said Parcel 1 extended; Thence leaving said centerline North 89°41'04"West along said extension of the South line of Parcel 1, a distance of 33.54 feet to the Southerly most corner of said Parcel 1 along the right of way of Dishman road; Thence continuing,North 89°41'04"West, a distance of 10.82 feet,to a point on a line 10.00 feet Page 1 R.E.Excise Tax Date( 13) Exempt 20 2 Z) 8pOkane County Treas. c Southwest of the right of way of said Dishman road,when measured at right angles. Said point being the True Point of Beginning of the following described parcel; Thence continuing North 89°41'04"West along the said South line of Parcel 1 a distance of 10.82 feet to a point 20.00 feet Southwest of the Westerly right of way of Dishman road,when measured at right angles; Thence leaving the boundary of said parcel 1 and running North 22°08'30"West parallel with and 20.00 feet offset from said Westerly right of way, a distance of 33.20 feet; Thence North 67°51'30"East a distance of 10.00 feet to a point on a line 10.00 feet distant from and parallel with the Westerly right of way of Dishman road; Thence running South 22°08'30"East along said line running 10 feet offset and parallel to the Westerly right of way, a distance of 37.33 feet to the True Point of Beginning and the terminus of this description. Said parcel contains 353 Square feet, or 0.01 acres more or less. 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 are 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 stormwater drainage and/or runoff within this Easement. Page 2 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. IN WITNESS WWI REOF, the undersigned has caused this instrument to be executed on this day of 9 /2 ,20 zo Grantor(s): Heinen Brothers INC. Grantee: Gove ent, Ci o okane Valley By: ��'� .1� By: Title: (2ccf'/t Title: i.•-f��-I STATE OF WASHINGTON ) ) ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that e C K- , 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 mentioned in this instrument. Dated this / ' date of 10 , 20 z . N\\\\\"\11111 � �pHNsp Irr�/ NOT LIC ��"sN' `ExA���A i In and for the State of Washington, -�5 SAr ''�F%, i Residing at .Sp d#.., C� ° My appointment expires: Am//9// n ev 1 ���O vv PS? `` Page 3 A t. \ SOUTHWEST 1/4 \\ \ OF THE \ NORTHWEST 1/4 \ , \.' 1621.88' - - - - 20 - S89' 53' 12"W E. 8TH AVENUE \ \ \ \\ O NOR O WETS T 1/4 \HE \ ?.4- SOUTHWEST 1/4 \\ -2 PARCEL 1 \ -va s co OF 10' BORDER �m o� EASEMENT \ BK 134 PAGE 21 (PROPOSED) \\\ \ \ \ 51 \2, \ N67' 51' 30"E \\ 10.00' \ E N22' 08' 30"W S22' 08' 30"37.33' \ N 33.20' is 41' 04"W 10.82' W E P.O.B. N89' 41' 04,.W T".\ 9' 41' 04'W S33.54' 10.82 PROD : 19-2355 SOUTHEAST STORM 4WC DATE: 04/14/20/20 EASEMENT EXHIBIT DRAWN: EJW APPROVED: DAC BASIN S ❑ D SCALE: NTS WHIPPLE CONSULTING ENGINEERS 81 2 S. DISHMAN RD 21 S.PINES ROAD S P O KA N E VALLEY, WA SPOKANE VALLEY,WA 99206 PH:509-893-2617 FAX:509-926-0227