7017958 Easement, Drainage: EGR-2019-0029 Cherry/Mirabeau01/06/2021 01:13:23,PM 7017958
Reoording Fee $706.50 Page 1 of 4
Easement GOVERNMENT, OITY OF SPOKANE VALLEY
Spokane County Washington
I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII i IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
AFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
10210 E. Sprague Avenue
Spokane Valley, WA 99206
Document Title: Drainage Easement
Grantor(s): Pinecroft, LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: That Portion of the Southwest Quarter of Section 3, Township 25 North,
Range 44 East, W. M., in the City of Spokane Valley, Spokane County, Washington
Assessor's Tax Parcel Number(s): 45033.0704
Reference Number: EGR-2019-0029
CITY OF SPOKANE VALLEY
Development Engineering Division
Spokane Valley, Washington
DRAINAGE EASEMENT
IN THE MATTER OF Cherry St / Mirabeau Parkway (City of Spokane Valley Project No. _
EGR-2019-0029, hereinafter referred to as the "project")
The following drainage easement supersedes drainage Easement A recorded on January 14, 2010 in
Spokane County, Washington under Auditor's File Number 5867563.
KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Pinecroft, 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:
DRAINAGE EASEMENT "A"
A PORTION OF LOT 1, BLOCK 2, BINDING SITE PLAN BSP-03-03, PER PLAT THEREOF
RECORDED IN BOOK 2 OF BINDING SITE PLANS, PAGES 68-71, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M.,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89°58'30"
WEST 260.99 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE POINT OF
BEGINNING;
R. E. Excise Tax Exempt
Date i/ 202 i
Spokane
unty Treas.
THENCE NORTH 00°01'30" WEST 46.00 FEET; THENCE SOUTH 89°58'31" WEST 47.99 FEET;
THENCE NORTH 74°36' 18" WEST 33.85 FEET; THENCE SOUTH 89°58'30" WEST 28.72 FEET;
THENCE SOUTHWESTERLY ALONG A 20.50 FOOT RADIUS CURVE TO THE LEFT, THROUGH
A CENTRAL ANGLE OF 59°17'31", AN ARC LENGTH OF 21.21 FEET TO THE WEST LINE OF
SAID LOT 1; THENCE SOUTH 00°00'07" WEST 23.37 FEET ALONG THE WEST LINE OF SAID
LOT 1; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERN LINE OF SAID LOT 1, ON
A 27.50 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 51 °45' 18",
AN ARC LENGTH OF 24.84 FEET TO THE SOUTH LINE OF SAID LOT 1 THENCE NORTH
89°58'30" EAST, 116.51 FEET ALONG THE SOUTH LINE OF SAID LOT 1, TO THE POINT OF
BEGINNING;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
PARCEL NO. 45033.0704
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
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 WI SS WHEREOF, the undersigned has caused this instrument to be executed on this (O0
day of ile/4r,- , 20 024'
L ('i - Gr,J 2 I%L
Grantors 7 /�l��-lam � Grantee: C
By - , del'%
Title: 4/ier
STATE OF WASHINGTON
COUNTY OF SPOKANE
CITY OF SPOKANE VALLEY) ss
By:
Title: L CA./6f-�/Z
r I I ; ,' l l�rr
I certify that I know or have satisfactory evidence that/ 11CC'(O I LlL `�►. grantor,
is/are the individual(s) who appeared before me, and who ack • . edged that he/she/they signed this
instrument and acknowledged it to be his/her/their fre- : • voluntar act for the uses and purposes
mentioned in this instrument.
Dated this
date of
NOTAR
In and fo I he tak o Washington,
Residing at � �/a/2/My appointmxpires:
UBLIC
EXISTING'UTILITY
-
EASEMENT PER
BSP 03-03
EXISTING' BORDER
EASEMENT PER
BSP 03 '03
WI
C
1—
GO
r—59'17'51
L=21.21 1
= R=20.50
U
24' - 24'
INLET
S0'00'07" W 23.37'
—I EXISTING UTILITY
/ EASEMENT PER
— J BSP b3-03
A=511'45'18"
L=2i4.84
R=27.50
MIRABEAU PARKWAY
SMH
EXISTING BORDER
EASEMENT-PER—
BSP 03-03 PROPOSED BORDER EASEMENT A
0000000 114• I L. 1 L Lr 1 1:.1 Li .r 1-1-. r.. i
LOT 1
BLOCK 2
S89'58'30'W 28.72'
J
limmomW
N 74'36'I18" W 3�3.8 5 '
EXISTING DRAINAGE EASEMENT
PER AFN 5867563
PROPOSED DRAINAGE EASEMENT
S89'58'31 "W 47.99'
POINT OF BEGINNING
EXISTING UTILITY
EASEMENT PER BSP 03-03
N89'58'30"E 116.51'
EXISTING BORDER
EASEMENT PER
BSPc3-03
GRAPHIC SCALE
( IN FEET )
1 inch = 40 ft.
SKETCH HO:
1
PROJECT WE:
PINECROFT 12509
PROJECT H0:
19042-0006
SSS
oll►�
12/17/202C
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EPIGIPIEERS
707 W. 2ND AVENUE
SPOKANE, WASHINGTON 99201
PHONE: (509) 4554448 • FAX (509) 455-7492
WEBSrrE: wnw dden9:neerscan
CIVIL / STRUCTURAL
DONT DRAINAGE EASEMENT "A"