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Home My WebLink About7206458 Easement, Drainage: EGR-2021-0098 4th Ave • 05/11/2022 03:13:12 PM 7206458 Recording Fee $206.50 Page 1 of 4 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington IIIIIII IIIIII III IIII IIIIIII IIIIII IIII III IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E.Sprague Avenue Spokane Valley,WA 99206 Document Title:Drainage Easement Grantor(s):4th&Sullivan Investments,LLC Grantee:Government,City of Spokane Valley Abbreviated Legal Description: VERA SW 1/4 OF SW1/4 B38 Assessor's Tax Parcel Number(s):45242.0634 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,Washington DRAINAGE EASEMENT IN THE MATTER OF 4t''Avenue (City of Spokane Valley Project No.EGR-2021-0098, hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),4th& Sullivan Investments,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 PORTION OF TRACT 38, VERA, PER PLAT RECORDED IN VOLUME"0"OF PLATS,PAGE 30, IN THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON; THE NORTH 3.3 FEET OF THE SOUTH 13.3 FEET OF THE WEST 113.8 FEET OF SAID TRACT 38;TOGETHER WITH THE NORTH 18 FEET OF THE SOUTH 31.3 FEET OF THE WEST 14.8 FEET OF SAID TRACTS 38; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON. 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 R.E.Excise Tax Exempt Date — i i 202 Z Spokalko County Treas. By vufv • 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 Grantors)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 undersigned has caused this instrument to be executed on this i day of A'p2zt_ , 20 2.2.. Grantor(s). Grantee: C 1+Y of Spoica4e tint BY: ST-L,ke: S.)44l l` By: Yi4 Title: 1MrkcA kb.Cxwl y yv'1& t Title: CI Fn9irieee STATE OF WASHINGTON ) )ss CITY OF SPOKANE VALLEY I certify that I know or have satisfactory evidence that S4-it/Or1 1C 4'1 If , 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 LS date of pyj I , 20 22 . \‘ FLETc• ��•• EA ip'9Ex :•"'9 '� OTARY PUBLIC Nr.w:a�� OS�,RY In and for theetate of Washington, g _ •a • • o n IC(A. � ill 21 3 Pu�`-\G �":, My appointmen expires: � 2 • Li- 0 w co ZM J H w a EXISTING 5.5' 3 SIDEWALK 113.8' 14.8' 11- �_ 1 PROPOSED 1� d , \ ROW / , ilo PROPOSED POND PROPOSED M r) • ,,, : WITH DRYWELL V' DITCH r7) .'I o-- M - —__ Q 1% i, 7 - PROPOSED o PROPOSED CURB PROPOSED CURB INLET, N INLET, TYPE-2 CURB INLET, EXISTING ROW TYPE-2 S89'36'36"E TYPE-2 EXISTING 5.5' CENTERLINE ORIGINAL TRACT LINE, SIDEWALK 4TH AVENUE SOUTH LINE OF TRACT 36 PROPOSED 6' SIDEWALK DRAINAGE EASEMENT LEGAL DESCRIPTION: A PORTION OF TRACT 38, VERA, PER PLAT RECORDED IN VOLUME "O' OF PLATS, PAGE 30, IN THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON; THE NORTH 3.3 FEET OF THE SOUTH 13.3 FEET OF THE WEST 113.8 FEET OF SAID TRACT 38; TOGETHER WITH THE NORTH 18 FEET OF THE SOUTH 31.3 FEET OF THE WEST 14.8 FEET OF SAID TRACT 38; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON. mn anrimrstWtnccm.,, oi ;0... . .,CIA ,S...OF WASl ••..d .: i • Z'I-Za .' , 34151 •. CO . °NAi;IST•ER�'LAND 0 15 30 . I M P s O wIv' • FOUNDED 1946 • 909 N. ARGONNE ROAD ENGINEERS, INC. SPOKANE VALLEY, WA., 99212 SCALE: 1"=30' ▪ 509-926-1322 P:\Projects\17001-17500\17258-SUN MEAD❑WS\dwg\17258-SUN MEAD❑WS.dwg 2/1/2022