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7109463 Easement, Drainage: EGR-2019-0074 Hamilton Property AFTER RECORDING RETURN TO: 7109463 08/04/2021 09:45:48 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): Hamilton CP Livint Trust 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): 35234.1405 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Hamilton Pro}zet-y (City of Spokane Valley Project No. EGR-2019-0074, hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Hamilton CP Living Trust. 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 parcel of land located in Lot 1 of ALT-2020-0001 per AFN 6902494 in the Southwest quarter of the Southeast quarter of section 23, Township 25 North,Range 43 East, Willamette Meridian,Spokane County, Washington: 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 210.05 feet, to a point on the South line of an existing 20-foot drainage easement as shown on said ALT-2020-0001,North 18°42'13"East 60.55 feet from the Southwest corner of said Lot 1, and the True Point of Beginning: Along said South line the following two courses: Thence South 73°26'14"East, a distance of 59.51 feet,to a point; Thence South 19°48'27"East, a distance of 18.90 feet,to a point; 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): Hamilton CP Living Trust 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): 35234.1405 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Hamilton Property (City of Spokane Valley Project No. EGR-2019-0074, hereinafter referred to as the "project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), Hamilton CP Living Trust, 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 parcel of land located in Lot 1 of ALT-2020-0001 per AFN 6902494 in the Southwest quarter of the Southeast quarter of section 23,Township 25 North,Range 43 East, Willamette Meridian, Spokane County, Washington: 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 210.05 feet, to a point on the South line of an existing 20-foot drainage easement as shown on said ALT-2020-0001,North 18°42'13"East 60.55 feet from the Southwest corner of said Lot 1, and the True Point of Beginning: Along said South line the following two courses: Thence South 73°26'14"East, a distance of 59.51 feet, to a point; Thence South 19°48'27"East, a distance of 18.90 feet,to a point; Thence North 62°49'58" West, a distance of 72.03 feet,to a point; Thence North 18°42'13"East, a distance of 1.97 feet,to the True Point of Beginning and the terminus of said easement. Said parcel contains 523 square feet, or 0.01 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 WITH S HEREOF, the undersig d has caused this instrument to be executed on this 3e) day of , 20� Grantors) . /-�•J��_ Grantee: Gf�f U e" 4-tL7 /0 , ,/ By. By: ,--e ---J Title: Title: /7 ix/6/ 6/Z STATE OF WASHINGTON ) ) ss CITY OF SPOKANE VALLEY ) I certifythat I know or have satisfactoryevidence that '�`'� \PVT 4 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 SD date of V\A , 2071 . � _ a,4-(, , �•�yoN ANDR"i��/ NOTA Y P B C _•.k """"tr,,, p i� In and for the tate of Washingtg�►, g1°"E r ��U v:41? SAR '°itiii.� / Residing at jka✓I-e o ?� �N My appointment expires: l0/}21 Z 'v 188449 /i y,'4,,70-12'I'�`��CO �n III",„%%%' ��11111'1 O`\W A9�. W Zcc 8w � Z , (3Z !LILL,. „ Q b 5oN 0 W wz � Z�� 7.---------------------7--------t.0' _iF-W3� z , Ld ZQ cl 22 W t Q NQ(n dO A 0 wow ! !1y n U I- r Orn aa ° W Li Nin La I- 4- O xN 00. i CO W w � �0 Q o w o1 I J � � - N � 3 .> la. ico ----- ---\\ X co • W 0 ow M ,iot a►' o N in . 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