7032909 Easement, Drainage: 4th Ave, EGR-2019-0045 AFTER RECORDING RETURN TO: 7032909 02/10/2021 09:54:27 AM
City of Spokane Valley Rec Fee:$107.50 Page 1 of 5
City Clerk Easement SIMPLIFILE LC E-RECORDING
10210 E.Sprague Avenue Spokane County Washington eRecorded
Spokane Valley,WA 99206
•
Document Title: Drainage Easement
Grantor(s): . Fourth Avenue Group,LLC
Grantee: Government, City of Spokane Valley •
Abbreviated Legal Description: Portion of NE '/, Sec. 22,T 25 N,R 44 E,W.M.
Assessor's Tax Parcel Number(s): 45221.9006
• CITY OF SPOKANE VALLEY
Community and Public Works Department . • '
Spokane Valley,Washington
DRAINAGE EASEMENT
IN THE MATTER OF 4th Avenue (City of Spokane Valley Project No.EGR-2019-
0045,hereinafter referred to as the"project")
KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), 4th Avenue Group.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:
See attached for legal description.
COURTESY RECORD-
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
Grantors) 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 Grantors) or their successors in interest
AFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
10210 E.Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): Fourth Avenue Group,LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: Portion of NE '/a Sec.22,T 25 N,R 44 E,W.M.
Assessor's Tax Parcel Number(s): 45221.9006
CITY OF SPOKANE VALLEY
Community and Public Works Department
Spokane Valley,Washington
DRAINAGE EASEMENT
IN THE MATTER OF 4th Avenue (City of Spokane Valley Project No.EGR-2019-
0045,hereinafter referred to as the "project")
KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), 4th Avenue Group,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:
See attached for legal description.
COJP TESV RECORD J&
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.
CrfN
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this
day of loft►Ar7 ,20 1.1.
Grantor(s): , � 'G, Grantee: 1 aF S:POie-AUFIA-
By: 1vr C. By: /(1—
Title: Title: L / 'It
STATE OF WASHINGTON )
) ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that 4th Avenue ,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 �e�v_,� 20 a.l .
�,pT1, 4 O( ,5` ��/ NOTARY PUBLIC
�.oN�xA;'' � In and for the State of Washington,
O .C,S 'Y tn'; Residing at 'o��o E�G++-c�..e, SPd�— `�p►4'(
— ' s z 5 My appointment expires: `A- -a-%
4
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111111\\\\‘‘‘‘‘
Adams & Clark, Inc.
1720 W. Fourth Ave. • Spokane, WA 99201 • (509) 747-4600 • Fax(509) 747-8913 • adamsandclark.com
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
(Prepared by Adams & Clark, Inc.)
An easement over a portion of Real property in the County of Spokane, State of Washington,
described as follows:
That portion of the Northeast quarter of Section 22, Township 25 North, Range 44 East of the
Willamette Meridian, in the City of Spokane Valley, County of Spokane and State of
Washington, lying South of the former Chicago-Milwaukee, St. Paul and Pacific Railroad right-
of-way and East of the Final Plat of Leatha Lane Addition, filed in Book 9 of Plats at Page 18,
Spokane County Records, more particularly described as follows:
Beginning at the Northeast corner of said Northeast quarter; thence, along the East line of said
Northeast quarter, South 00°00'00" East 1,337.18 feet to the Southeast corner of the Northeast
quarter of said Northeast quarter; thence, along the South line of the Northeast quarter of said
Northeast quarter, also being the centerline of 4th Avenue, North 89°47'43" West 660.08 feet;
thence leaving said South line and centerline of 4th Avenue, North 00°12'17" East 20.00 feet to
the North right-of-way line of 4th Avenue, being the true point of beginning; thence along the
said North right-of-way line, North 89°47'43" West 7.68 feet; thence North 00°00'00" East 18.50
feet; thence North 89°47'43" West 45.77 feet; thence North 00°00'00" East 20.00 feet; thence
South 89°47'43" East 116.00 feet; thence South 00°00'00" West 20.00 feet; thence North
89°47'43" West 62.56 feet; thence South 00°00'00" East 18.50 feet to the true point of
beginning.
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