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7095759 Easement, Drainage: EGR-2019-0005 Carnahan Rd AFTER RECORDING RETURN TO: 7095759 07/02/2021 08:56:34 AM City of Spokane Valley Rec Fee:$106.50 Page 1 of 4 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):JMTDH, LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description: SW '/,of SE ''A of Sec. 23. T. 25N.. R.43E., W.M. Assessor's Tax Parcel Number(s): 35234.9169 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Carnahan Road(City of Spokane Valley Project No. EGR-2019-0005,hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), JMTDH, 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: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION OF SAID SECTION 23; THENCE S 00°00'00" W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1323.49' TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S 89°31'51" E, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 38' TO THE POINT OF BEGINNING; THENCE CONTINUING, S 89°31'51" E A DISTANCE OF 97.63'; THENCE LEAVING SAID NORTH LINE S 00°28'09" W A DISTANCE OF 34.83'; Page 1 R.E. Excise Tax Exempt Spokane County Treas by smh 7/2/2021 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): JMTDH, LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: SW '/4 of SE 'A of Sec. 23, T. 25N., R. 43E., W.M. Assessor's Tax Parcel Number(s): 35234.9169 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Carnahan Road (City of Spokane Valley Project No.EGR-2019-0005,hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),JMTDH, 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: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION OF SAID SECTION 23; THENCE S 00°00'00" W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1323.49' TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S 89°31'51"E, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 38' TO THE POINT OF BEGINNING; THENCE CONTINUING, S 89°31'51" E A DISTANCE OF 97.63'; THENCE LEAVING SAID NORTH LINE S 00°28'09" W A DISTANCE OF 34.83'; Page 1 THENCE S 39°52'52" W A DISTANCE OF 119.01'; THENCE N 90°00'00" W A DISTANCE OF 21.03'; THENCE N 00°00'00" W,A DISTANCE OF 126.96'TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF SPOKANE VALLEY, STATE OF WASHINGTON; CONTAINING 0.20 ACRES MORE OR LESS 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 Page 2 assigns. No modification of the boundaries of this Easement can be made without prior approval of the City of Spokane Valley. IN WITNESy§ WHEREOF, the undersigned has caused this instrument to be executed on this 1 day of3..)t\) , 202 t . Grantor(s): Grantee: 1'4 � S azih( By: � =- IbLIA By: Title: 9-w4-4.�— Title: �'Ty STATE OF WASHINGTON ) ) ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that �U r' `CC,\O , Grantor, is/are the individual(s)who appeared before me, and who acknowledged that he/she/ ey 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 \SA. date of \v 1 U\ , 20Z I aa("(---1 N•N"""11 tj NOTA UB C "II yy ON AND R In and for theState of Washington, � ,sbNF,jA,40; Residing at SIFO( it CO-4141/1 c4 _oTA4k % My appointment expires: j 0"1 Z— / v 11 188449 N r rFOF W' As� s. Page 3 EASEMENT 12TH AVE. TYPE "B" DRYWELL r���,i/�� - .... TYPE 1 INLET (TYP)- 4 ., or" ? TYPE "B" it,„., � � ;�';�� �5 DRYWELLS !i; ,..* `' �I, , , _/„.. RIPRAP PAD *d S,+ {r ),,, I% I '� PROPERTY LINE $si / 17 --;:l ' is". IL ;tom �, � f ♦ ii jrna , ,o, I I" i'' " , \ ;4 ) / \iD ROW / '� �'��� �,� ��� ,, s \ ` • /�. '- , :pm.4- ,o . , , ,,...•, \ ....,_ , , iits o , ' . ,e se . • i\ 7 --..t, N AP c,) \ 14TH - 'ter' ! �''y: • ,• / /wiNI I \7 4-1 �-.I I / , '' ..,, PROPERTY LINE I4) \ Y /, PROD #: 15-2161 DRAINAGE EASEMENT EXHIBIT DATE: 07/11/19 WCE DRAWN: RMA 1 2TH & CARNAHAN APPROVED: TRW SCALE NTS A PA RTM ENTS CONSULTING 1 3 0 1 S. CARNAHAN R D. WHIPPLE l S PANES ROADGINEERS T25N R43E 523 SPOKANE VALLEY, WA SPOKANE VALLEY,WA 99206 PH 509-893-2617 FAX 509-926-0227