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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 = DCI ■� 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"