6975213 Easement, Drainage: Dishman Rd, EGR-2019-0071 4, 7 09/30/2020 09:39:20 AM 6975213
Recording Fee $106.50 Page 1 of 4
Easement CITY OF SPOKANE - CITY CLERK
Spokane County Washington
AFTER RECORDING RETURN TO:
_ 11111111111111111111111111111111111111111111111111111111111
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 W1/2; BEG AT NW COR OF SIESTA MOBILE PARK ADD TH N19DEG
28M1N E311.26FT TH N36DEG 30MINE35.5F T TH N36DEG 30MIN El 80.5FT 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 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 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 10.00 feet Southwest of the Southwesterly Right of Way of S. Dishman Road,when measured at
right angles. Said point being the point of curvature of a non tangent curve to the left. Said curve having
a Radius of 223.82,a delta angle of 18°56'47",and a chord which bears South 39°09'55"East 73.68 feet;
Thence along said curve, following a 10.00 foot offset from said Southwest right of way of S. Dishman
Road, a distance of 74.01 feet,to a point on said 10.00 foot offset from the Southwest right of way of S.
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R.E. 3v Exempt 20 Z d
Date
spokane Treas.
BY dr
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Dishman Road,and the True Point of Beginning of this parcel. Said point being the Point of curvature of
a continuing curve to the left. Said curve having a Radius of 223.82 feet, and a Delta angle of 9°43'35";
Thence following said curve, along said 10.00 foot offset of the Southwest right of way of S.Dishman
road,a distance of 38.00 feet, to a point;
Thence leaving said 10.00 foot right of way offset, South 39°56'05"West, a distance of 9.63 feet;
Thence North 89°22'52"West,a distance of 34.96 feet;
Thence North 6°13'21"West, a distance of 15.67 feet;
Thence North 41°22'54"East,a distance of 18.66 feet,to the True Point of Beginning and the terminus of
this description.
Said parcel contains 789.2 square feet, or 0.02 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.
This Easement and the agreements and duties provided for herein shall run with the land and shall be
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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 WHEREOF,the undersigned has caused this instrument to be executed on this
day of //i7 , 20 zo.
Grantor(s): Heinen Brothers INC. Grantee: Government, Ci o okane Valley
By: atit�� � — _ By:
Title: Title: i/.-"&e- /7
STATE OF WASHINGTON )
ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that *mac.-, /4-..mac h ,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 / 7 — date of 5-4 p , 20 z m .
�\‘‘\\111y1 NOTARY PUBLIC
JONava It/ In and for the State of Washington,
Ot40t `""a►►► s'p_// Residing at -sM' "t-- �-E y
�a q��Mp My appointment expires: /o //97z/
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R=223.82
R=223.82 DELTA=009°43'35"
DELTA=018°56'47" L=38.00
L=74.01 CHORD=S53° 30'06"E
CHORD=S39° 09'55"E 37.95
SOUTHWEST 1 /4 73.68 \
OF THE
NORTHWEST 1 /4
o'` \ , 'Qot0 oo' \ �1,�0 N '
.4, \ J
•4) \ POINT OF
�°b BEGINNING
h
?A) 10'
BORDER \EASEMENT \ S39' 56' 05'W
N41' 22' 54'E (PROPOSED) / \ 9.63'
// 18.66'
,8,4.79' ( — — — 20
S89'S3'1 fErW
N06' 13' 21"W___/*
-.
15.67' --..
\
N89' 22' 52'W
NORTHWEST 1 /4 34.96'
OF THE PARCEL 1
SOUTHWEST 1 /4 OF
BOOK 134 OF SURVEYS
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RECORDS OF W E
SPOKANE COUNTY, WASHINGTON
S
PROD #: 19-2355 NORTHEAST DRAINAGE 4WC E
DATE: 04/14/20 EASEMENT EXHIBIT
DRAWN:APPROVED: D EJW BASIN S O D
SCALE: 1" = 30 131 2 S. DISH MAN RD WHIPPLE21 S.PINES ROAD
CONSULTING GINEERS
SPOKANE VALLEY, WA SPOKANE VALLEY,WA 99206
PH:509-893-2617 FAX:509-926-0227