7109460 Easement, Drainage: EGR-2019-0005 12th & Carnahan AFTER RECORDING RETURN TO: 7109460 08/04/2021 09:42:08 AM
City of Spokane Valley Rec Fee: $206.50 Page 1 of 4
City Clerk Easement SIMPLIFILE LC E-RECORDING
10210 E. Sprague Avenue Spokane County Washington eRecorded
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): JMTDH. LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: SW '/a of SE 'A of$ec. 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 126 & Carnahan Apartments (City of Spokane Valley Project No. EGR-2019-0005,
hereinafter referred to as the"project")
The following drainage easement supersedes the drainage easement recorded on February 11,2020
in Spokane County, Washington under Auditor's File Number 6891170.
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, a 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 twenty-foot-wide strip of land located in the Southwest quarter of the Southeast quarter of section 23,
Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, and being 10
feet each side of the following described centerline:
Beginning at the center one quarter corner of said section 23;
Thence South 0°23'39"East along the North— South center of section, a distance of 1323.50 feet,to the
Northwest corner of the Southwest quarter of the Southeast quarter of said section 23;
Thence South 89°55'00"East along the North line of said Southwest quarter of the Southeast quarter, a
distance of 505.16 feet, to the Northwest corner of Lot 1 of the plat of Kahuna Hills 3rd Addition,as
recorded in Book 18 of Plats, Page 91, records of Spokane County, Washington;
Thence following the West line of said Lot 1, South 18°42'13" West, a distance of 201.91 feet, to a point
North 18°42'13"East 68.69 feet from the Southwest corner of said Lot, and the True Point of Beginning
of the following described centerline:
R.E. Excise Tax Exempt
Spokane County Treas by
smh 8/4/2021
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 'A 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 12th&Carnahan Apartments(City of Spokane Valley Project No.EGR-2019-0005,
hereinafter referred to as the"project")
The following drainage easement supersedes the drainage easement recorded on February 11,2020
in Spokane County,Washington under Auditor's File Number 6891170.
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, a 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 twenty-foot-wide strip of land located in the Southwest quarter of the Southeast quarter of section 23,
Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, and being 10
feet each side of the following described centerline:
Beginning at the center one quarter corner of said section 23;
Thence South 0°23'39"East along the North—South center of section, a distance of 1323.50 feet,to the
Northwest corner of the Southwest quarter of the Southeast quarter of said section 23;
Thence South 89°55'00"East along the North line of said Southwest quarter of the Southeast quarter, a
distance of 505.16 feet, to the Northwest corner of Lot 1 of the plat of Kahuna Hills 3rd Addition, as
recorded in Book 18 of Plats, Page 91, records of Spokane County, Washington;
Thence following the West line of said Lot 1, South 18°42'13" West, a distance of 201.91 feet, to a point
North 18°42'13"East 68.69 feet from the Southwest corner of said Lot, and the True Point of Beginning
of the following described centerline:
Thence North 62°49'58" West, a distance of 12.99 feet,to a point;
Thence North 16°26'36" East, a distance of 98.74 feet, to a point;
Thence North 47°09'59" West, a distance of 81.85 feet,to a point;
Thence South 73°00'35" West, a distance of 109.49 feet,to a point;
Thence South 44°03'19" West, a distance of 179.31 feet,to a point;
Thence South 56°13'25" West, a distance of 78.17 feet, to a point;
Thence South 43°42'28" West, a distance of 27.00 feet, to a point;
Thence South 5°38'14" West, a distance of 29.23 feet,to a point;
Thence South 86°18'07" West, a distance of 32.74 feet, to a point;
Thence North 23°57'13" West, a distance of 35.90 feet, to a point, to a point 1.86 feet from the Easterly
right of way of Carnahan road, when measured at right angles;
Thence North 0°23'39" West, parallel with and 1.86 feet distant from said Easterly right of way of
Carnahan road, a distance of 97.49 feet,to a point;
Thence North 30°16'50"East, a distance of 75.00 feet,to the terminus of this described line.
LESS any portion laying within Carnahan Road.
Said parcel contains 16,194 square feet, or 0.37 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
assigns. No modification of the boundaries of this Easement can be made without prior approval of the
City of Spokane Valley.
IN WITNESS WHEREOF, the undersi ed has caused this instrument to be executed on this
day of (./ , 20
Grantors : /74L/ 6" Grantee: / Df5�0 r ALL
By: By:
Title: `//1/4 Title: T .cl6/ -7
STATE OF WASHINGTON )
) ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that C51 4cirm , 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 n° date of )1-)1(.) , Z i .
ON ANDR ►//
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