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7002832 Easement, Drainage: Conklin Rd EGR-2020-0085 V 12/02/2020 12:36:57 PM 7002832 AFTER RECORDING RETURN TO: Recording Fee $106 50 Page 1 of 4 Easement CITY OF SPOKANE VALLEY City of Spokane Valley Spokane County Washington City Clerk 1IIII1111111I III IIII111111I I0111IIII I1111111111111111111I III111111111111111IIII III! 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): Jake Townhomes LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: E. 173 FT OF N. 1/2 OF N. 1/2 OF TRACT 17 VERA Assessor's Tax Parcel Number(s): 45133.0112 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,Washington DRAINAGE EASEMENT IN THE MATTER OF Conklin Road(City of Spokane Valley Project No.EGR-2020-0085,hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Jake Townhomes LLC, 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: That portion of land located in the Northeast quarter of the Southwest quarter of Section 13,Township 25 North, Range 44 East,Willamette Meridian,being more particularly described as follows: Commencing at the Southeast corner of the East 173.00 feet of the North half of the North half of Tract 17 of Vera, according to the plat thereof recorded in Volume"0"of plats at Page 30,records of Spokane County,Washington, point also being on the West right-of-way of Conklin Road; Thence N89°39'13"W along the South line of the North half of the North half of said Tract 17 of Vera a distance of 10.00 feet to the True Point of Beginning of this description; Thence continuing along said line N89°39'13"W a distance of 18.00 feet; Thence leaving said line N00°33'09"W a distance of 22.00 feet; Thence S89°39'13"E a distance of 18.00 feet; Thence S00°33'09"E a distance of 22.00 feet to said South line of the North half of the North half of Tract 17 of Vera,the Point of Beginning and the terminus of this description. 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 R. E.Excise Tax Exempt Date L -Z 202L Spokane County Treas. BY ‘A 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 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 undersi ned has caused this instrument to be executed on this I° day of NCO 1b�' , 20 W. Grantor(s): Grantee: t SPo "Ca 14-CL C By: Qn A kS a By: Title: © (\C_1 Title: ��n �•�-�G��/CZ�7Z STATE OF WASHINGTON ) / ) ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that`Q2r\f1S CrctpO , 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 1° date of NCUe4Y , 201,C) . SON A/Vo sit NO Y :\>' ,� N"a,,,�4q p1i, In and for the St of Washington, " ?oT.�R 1,, Residing at g ,�nP Carl My appointment expires: . 1+ 448 to .o = t ''., (e t..G =2 = // 7;14.70t`2`�2.1. 4 /L���Op ASH\������� PORTION CONVEYED BROADWAY - FOUND RP'S PER PER SEG DOCUMENT AVENUE L.C.R. RECORDED NO. 20090924, DATED AS A.F.N. 5958895 APRIL 14, 2010 FOUND 1/2" MAG NAIL 14 , N89'39'25"W 2600.17' 13 411) 20' - - - - � I _ 152.36' --- ,. 36.20'o1 141.88' j '� 10' `V 2' - O q H N57'09'12"W Ia3 O II 24.75' M I: co o - 173' 3 1 ti coCrJ 0 10'--I Pr,„ cn ,-1 A.P.N. 45133.0112 I 0 0 in - I r,2 Z �' Z Z o PROPOSED RIGHT-OF-WAY DEDICATION -�, oo S89'39'13"E I Z z 18.00' I --.20'� DRAINAGE EASEMENT 396 S.F. o VERA TRACT 17 NOO*33'09"W 22.00'—� I N 10.00 ___I_ 145.02' 118_00' r N89'39'13'W 173.02' SOUTH LINE OF P.O.B. - THE NORTH 1/2 OF A.P.N. 45133.0117 N THE NORTH 1/2 OF VERA, TRACT 17 FOUND 2" ALIMINUM CAP, BLANK VALLEYWAY W E - s 1A VENUE • PROJ #: 20-2692 DATE: 11/04/20 EXHIBIT IBI RVIE REWEDDBBYY: DAC DRAINAGE EASEMENT W E SCALE: ln=40' 723 N. CONKLIN ROAD WHIPPLE CONSULTING ENGINEERS SPOKANE COUNTY, WA 21S.PINESROAD SPOKANE VALLEY,WA 99206 T.2 5 N. R.4 4 E. 5.1 3 PH:509-893-2617 FAX 509-926-0227