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7199068 Easement, Border: Rockwell & Evergreen, EGR-2022-0009 04/15/2022 01:05:01 PM 7199068 Recording Fee $206.50 Page 1 of 4 Easement CITY OF SPOKANE VALLEY Spokane County Washington 11111111111111 111110111111111111111131111111111111IIII111111111II1IIIIIIII AFTER RECORDING RETURN TO: City of Spokane Valley Attn: City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title:Border Easement Grantor(s): Shiva Properties,LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description: Smiley's Subdivision of Tracts 52,53.&65 exc E 298 ft of Trentwood Orchards: Portion of Lot 8 Blk 4 DAF: E 61 ft of N 100ft Assessor's Tax Parcel No(s): 45031.0413 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,WA BORDER EASEMENT IN THE MATTER OF Rockwell Avenue and Evergreen Road,Project File No.EGR-2022-0009,KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Shiva Properties,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 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. -w�-- 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 DATE ?- IyS,E( T/sX` EZUZ SPOKAN'E COUNTY TREAS. Z BY �� � v 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 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 Spo crane 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 day of +A ,20 =-2.: Grantor: Shiva Pro LC Grantee: Government,City of Spokane Valley By: _ By: 1 " . Title: /Li ft Nor.,•v'i IAA E w3�- Title: CI £VI 91 gee STATE OF WASHINGTON ) ) ss SPOKANE COUNTY ) I certify that I know or have satisfactory evidence that Pt'r X s4/✓, °WI .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 MI instrument.' _ -- Dated this 6, date of / 4) ,20 7A. Notary Pablic NO ARY PUBLIC State of Washington In and for the State of Washington STEPHEN H FORD LICENSE#58583 Residing 1211'A e j MY COMMISSION EXPIRES My appointment expires: iRf»/w SEPTEMBER 22,2024 -. ADVANCED TECHNOLOGY SURVEYING,INC. LEGAL DESCRIPTION FOR BORDER EASEMENT THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3,TOWNSHIP 25 NORTH,RANGE 44 - EAST, LLAMEETTE ME DIAN,SPOKANE COUNTY,WASHINGTON,BEING A PORTION OF THE EAST 61 FEET OF THE NORTH 100 - W FEET OF LOT 8,BLOCK 4 OF SMILEY'S SUB-DIVISION OF TRACTS 52,53,AND TRACT 65 EXCEPT THE EAST 298 FEET OF TRENTWOOD ORCHARDS AS PER PLAT THEREOF RECORDED IN VOLUME'W'OF PLATS,PAGE 11,RECORDS OF SPOKANE COUNTY,AS DESCRIBED IN STATUTORY WARRANTY DEED RECORDED AS INSTRUMENT NUMBER 6955253,RECORDS OF SPOKANE COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 8 AND SAID STATUTORY WARRANTY DEED; THENCE,SOUTH 00.04'29'WEST ALONG THE EAST LINE OF SAID STATUTORY WARRANTY DEED,A DISTANCE OF 20.02 FEET TO THE TRUE POINT-OF-BEGINNING; THENCE,CONTINUING SOUTH 00°04'29'WEST,ALONG SAID EAST LINE,A DISTANCE OF 79.98 FEET TO THE SOUTH LINE OF SAID STATUTORY WARRANTY DEED; THENCE,NORTH 89°59'04'WEST,ALONG SAID SOUTH LINE,A DISTANCE OF 10.00 FEET; THENCE,NORTH 00°04'29'EAST,PARALLEL WITH AND 10 FEET DISTANT FROM SAID EAST LINE OF SAID STATUTORY WARRANTY DEED,A DISTANCE OF 79.98 FEET TO A POINT OF CURVATURE; THENCE,ALONG A TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 15.00 FEET,A CENTRAL ANGLE OF 90°03'33',AN ARC LENGTH OF 23.58 FEET,A CHORD BEARING OF NORTH 44°57'17'WEST,AND A CHORD LENGTH OF 21.22 FEET TO A POINT OF TANGENCY; THENCE,NORTH 89°59'04'WEST,PARALLEL WITH AND 5 FEET DISTANT FROM THE NORTH LINE OF SAID STATUTORY WARRANTY DEED,A DISTANCE OF 35.98 FEET TO THE WEST LINE THEREOF; THENCE,NORTH 00°04'29'EAST,ALONG SAID WEST LINE,A DISTANCE OF 5.00 FEET TO THE NORTH LINE OF SAID STATUTORY WARRANTY DEED; THENCE,SOUTH 89'59'04'EAST,ALONG SAID NORTH LINE,A DISTANCE OF 40.98 FEET TO A POINT OF CURVATURE; THENCE,ALONG A TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 20.00 FEET, , A CENTRAL ANGLE OF 90'03'33',AN ARC LENGTH OF 31.44 FEET,A CHORD BEARING OF SOUTH 44'57'17'EAST,AND A CHORD LENGTH OF 28.30 FEET TO A POINT OF $ ' "- iI� , <& CURVATURE AND POINT-OF-BEGINNING. \ A. . O'p 1'yC;\F,% N*.i ' 0 ka G its i tiiT�+�RCOlsTM.i IlservenATSIProl121.000121-1971survey1LEGAL DESCRIPTIONS121-197 BORDER EASEMENT.doc !/3Jz QAz. ,1-p`ND . • .... ...„.hill i r„0 P.O. Box 3457,Hayden, Idaho 83835 PH.(208)772-2745 Fax.(208)762-7731 i `4 EXHIBIT 1 FOR BORDER EASEMENT A PORTION OF LOT 8, BLOCK 4, SMILEY'S SUB-DIVISION IN THE SE 1/4 OF THE NE 1/4 OF SECTION 03, TOWNSHIP 25 NORTH, RANGE 44 EAST, WILLAMETTE MERIDIAN, CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON . I I ROCKWELL AVENUE IA - - - - "Liz. b� NORTHEAST CORNER cv OF LOT 8 — - + a 5 89'59'04' 40.98'o,, a R-20.00 - $ N 00'04'29'E "a a A-90'0333' 5.00 N 89°59'04'W 35.9. , o L-31.44' 5, N CB-544'57'I7'E CL-28,30 R..15.00 a a A-90°0333' / Q L-23.58' POINT OF d' CB-N44'57 17'W BEGINNING 0 MiLEY S,W„8 PGA"ON CL-2 t.22' zo o� 5 di VOL. BORDER EASEMENT Z 0 mI5 DOCUMENT W `� 1-4Y WARRANTY 0 STA AO06g55253 z 'n 30' 8w N 89°59'04'W 10.00 I 1 GRAPHIC SCALE LEGEND 0 15 30 60 �'� BORDER EASEMENT SCALE: 1"= 30' J 0 COMPUTED POINT e ADVANCED Cstrut: 1•-3a ia TECHNOLOGY SCAM/ 101'• MM VINO. SURVEYING & DArz: 03 02-2022 ENGINEERING DRAWN BYE ` oArz: 03-02-2022 \ . P.O.BOX 3457,HAYDEN IDAHO,83835 O% BORDER EA_5 • •PH.(2081-772-2745 FAX(20$)-762-7731•• G. 21-197