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7074646 Easement, Border: Appleway Stormwater Improvements 4; 05/13/2021 02:42:01 PM 7074646 Recording Fee $105.50 Page 1 of 3 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington __[ll1Il111111I11111EL1h E 11.11111111101111111llllllllllllllll1111111 _ AFTER RECORDING RETURN TO: \\,</ City of Spokane Valley Attn:City Clerk i�' 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title:Border Easement Grantor(s): Eat Nine,LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description: Portion of Opportunity Blk 225,NE'/.,Sec.20,T 25 N.R 44 E,W.M. Assessor's Tax Parcel No(s): 45201.0516,45201.0518.45201.0522 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,WA BORDER EASEMENT IN THE MATTER OF ApplewaY Stormwater Improvements Project,CIP#0317,KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),EAT NINE,LLC,for and in consideration of mutual benefits,the receipt of which is hereby acknowledged,warrants and conveys to the City of Spokane Valley,a municipal corporation of the State of Washington, a BORDER EASEMENT over the following described real property,situated in the-City of Spokane Valley,Spokane County,State of Washington,to-wit: See Attached—Exhibit A The Border Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for road and utility purposes,including but not limited to curbs,sidewalks,grading, drainage,signage,usage by utility companies and other usage deemed necessary by City of Spokane Valley • for the safety and welfare of the public. Utility easements may cross the border easement but cannot be entirely located within the border easement. No fence or portion thereof will be constructed within said Border Easement without permission of the City of Spokane Valley,nor will any objects be placed in said Easement that would obstruct the sight distance necessary for safe and efficient vehicular movement. Any other Easements, except right-of-way granted or dedicated within this Border Easement,are subject to the Spokane Valley permit process prior to usage. The Border 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. 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 Border 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 R.E.Excise Tax Exempt Date 5 20 Spokane County Treas. 2 By -�� I 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 agree to and shall,maintain in good repair the sidewalks, driveways and landscaping to be installed on such property, and when so doing shall not be considered agents of the City of Spokane Valley. If the Grantor(s) or their successors in interest fail to maintain said facilities, a notice of such failure shall 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. The City of Spokane Valley shall maintain all ADA ramps, drainage inlets, grates, pipes, catch basins, drywells and other drainage structures and appurtenances used for the disposal of public road drainage. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this I day of /"S43 ,2021 . Grantee:��7^�OF,J�O Grantor: By: By: ///,--&-- Title: t5 Uf'r Title: ( STATE OF WASHINGTON ) )ss COUNTY OF SPOKANE ) ATTEST: I certify that I know or have satisfactory evidence that PIN N iS (rapt.. Grantor, is the individual 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 I I date of nq J U ,20 21 . NOTARY PUBLIC \‘vv‘\11I%Itip In and for the State of Washington, _� '� d Fv< l�/ ``aaa,iMp� Residing at 5po 1(Mr4 �A = QJ w�N z1ryw, , p i My appointment expires: 2.2 1,25 Z o „lbw�f �f M� " 21oii22MM v y P. 4igio ;WAS ,�•�� Y EXHIBIT A LEGAL DESCRIPTION FOR APPLEWAY COUPLET BORDER EASEMENT Within Parcels 45201.0518,45201.0516 and 45201.0522 The South 15.00 feet of the North 117.01 feet of the East 90.00 feet of the West 216.60 feet of Tract 225 of Opportunity,as per plat recorded in Volume K of Plats,page 20-23,records of Spokane County; TOGETHER WITH the South 15.00 feet of the North 117.01 feet of the West half of said Tract 225,except the West 216.60 feet thereof; AND TOGETHER WITH the South 15.00 feet of the North 117.01 feet of the West 100.00 feet of the East half of said Tract 225; Situate in City of Spokane Valley,County of Spokane,State of Washington I11 �.�4'pg RASgl�c� :` 1 Ft ' x;a ill 1.• 4 27929 A, 147 i i ON4 L L AKA 5 �, 1,