7236366 Easement, Drainage: 6th Ave, EGR-2021-0005 08/31/2022 01:30:57 PM 7236366
Recording Fee $206.50 Page 1 of 4
SpokanetCountyOWashMngtonClTY OF SPOKANE VALLEY
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AFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): HDR Co LLC
Grantee: Government,City of Spokane Valley
Abbreviated Legal Description: OPPORTUNITY PT OF B204 BEG AT INT SL 6TH AVE
WITH EL TR THW150.51 FT S100FT E150.42FT N100FT TO POB
Assessor's Tax Parcel Number(s): 45211.2302
CITY OF SPOKANE VALLEY
Community and Public Works Department
Spokane Valley, Washington
DRAINAGE EASEMENT
IN THE MATTER OF 6°i Avenue, Project File No. EGR-2021-0005,
KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), HDR Co 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:
THAT PORTION OF THE NORTH HALF OF TRACT 204 OF OPPORTUNITY,AS PER PLAT RECORDED IN
VOLUME"K"OF PLATS,PAGE 20, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST THE LINE OF TRACT 204,A DISTANCE OF 134.31 FEET,
NORTH OF THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID TRACT:
THENCE NORTH ALONG SAID EAST LINE OF SAID TRACT A DISTANCE OF 164.46 FEET,MORE OR
LESS,TO A POINT ON THE ORIGINAL SOUTH RIGHT OF WAY LINE OF SIXTH AVENUE(COUNTY
ROAD NO. 1726);
THENCE WESTERLY ALONG SAID ORIGINAL SOUTH RIGHT OF WAY LINE OF SIXTH AVENUE 150.51
FEET;
THENCE SOUTHERLY 5 FEET TO THE CURRENT SOUTH RIGHT OF WAY LINE OF SIXTH AVENUE
PER AFN 8904170149;
THENCE EASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SIXTH AVENUE A DISTANCE OF
41.98 FEET TO THE TRUE POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION;
R.E.Excise Tax Exempt
Date g-31 202Z
Spokane County Treas.
By T[►p
THENCE EASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SIXTH AVENUE A DISTANCE OF
63.78 FEET;
THENCE SOUTHERLY A DISTANCE OF 4.5 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTH RIGHT OF WAY LINE OF SIXTH AVENUE,A
DISTANCE OF 63.78 FEET;
THENCE NORTHERLY A DISTANCE OF 4.5 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
LEGAL DESCRIPTION.
SITUATE IN THE 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
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 WITN SS WHEREOF,the undersigned has caused this instrument to be executed on this
day of (77/p/ , 202-2 _
Grantor(s): HDR Co LC Grantee: Government, City of Spokane Valley
By: A.
�•.�r By:
nle-rj&
Title: / /(, Title: L I1 LO(Dj I MP./
STATE OF WASHINGTON )
)ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that HDR Co LLC , 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 2i / date of , 20 2 Z.
SCOTT R SMITH
g NOTARY PUBLIC#51690 NOTARY PUBLIC
STATE OF WASHINGTON ; In and for the State 9f Washington,
COMMISSION EXPIRES Residing at ,f(0/«
APRIL 1, 2024 My appointment expires: - 20 2-Y
SECTION 21, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M
CITY OF SPOKANE VALLEY,
SPOKANE COUNTY, WASHINGTON
SOUTH PINES ROAD NORTHERLY
164.46'
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-. ORIGINAL TRACT
LINE
— AFN 4159388 I
ORIGINAL 6TH R/W LINE
AFN 8904170149
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i SOUTHERLY
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PROPOSED
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SHEET TITLE: PROJ. NO.: 2020-22
DRAINAGE EASEMENT EXHIBIT SCALE: 1"=30'
PROJECT NAME: DATE: 7/28/2022
2 Chimip) 6TH AVENUE APARTMENTS DRAWN BY: BDM
McCANNA ENGINEERING CHECKED BY: BDM
0 1 5 30 9401 E APPLEWAY BLVD
-..lkk SPOKANE VALLEY, WA 99206 SHEET NO.
miii MCCANNA (509) 954-6604
t rJ(.1NL ERIN - bo@mccannaengineering.com 1 OF 1
.\ PROPOSED EASEMENT