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7244982 Easement, Drainage: Indiana Parkway EGR-2019-0058 10/06/2022 08:49:00 AM 7244982 Reoording Fee $208 50 Page 1 of 6 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): Bella Tess Phase 3 LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: A portion of the N1/2 of the NE1/4 of Sec. 13, T 25 N. R 44 E, W.M. Assessor's Tax Parcel Number(s): 45131.0120 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Indiana Parkway, Project File No. EGR-2019-0058, KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), Bella Tess Phase 3 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: [See Attached] 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 R.E.Excise Tax Exempt Date `C/p 20 Z 2 Spokane County Treas. By A' 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 WH REOF, the undersigned has caused this instrument to be executed on this Z� day off eVV , 20 2Z. Grantor(s): Grantee: Cry 0( SINkiyf V a f- , By: A n By: ktOtt.ik- nr 14, Title: 4I'IA 1ay .( Title: CA 44 STATE OF WASHINGTON ) )ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that N1A r olc=e) , 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 Zc.,Q date of l' 0/\\:, , 20i \\\\\``‘‘‘III NOT ON q I�►► In and for the St of Washington, ^ '� s.s•. "%%111,, �// Residing at 'NO-A.JP Q7.-t'► o �oTgRJ. Vs " My appointment expires: ]4 ' 1 Z I..07 � ' 188449 u,' '1 , 4 08 Lk° /// y� ,,����,12-2A §) EXHIBIT A STORMWATER EASEMENT A parcel of land being a portion of the Future Phase as shown on the Record of Survey recorded in Book 162 of Surveys at Pages 17 and 18, Records of Spokane County, lying in the Northeast Quarter of the Northeast Quarter of Section 13, Township 25 North, Range 44 East, Willamette Meridian, City of Spokane Valley, County of Spokane, State of Washington and more particularly described as follows: Beginning at the southwesterly corner of the Future Phase of said Record of Survey, being the easterly point of the tangent curve shown as C11 as shown on Record of Survey; thence along the northerly Right-of-Way of Indiana Parkway per the Right-of-Way Deed recorded in AFN 5975649, Records of Spokane County, Washington and the southerly line of said Future Phase, along a tangent curve to the right with a radius of 34.50 feet, an arc length of 18.87 feet, a central angle of 31°20'09" and a long chord that bears North 87°16'16" West 18.63 feet to the easterly line of the sewer easement as recorded under Auditors File Number 4873853, Records of Spokane County, Washington; thence leaving the northerly Right-of-Way of said Indiana Parkway and said southerly line and along the easterly line of said sewer easement, North 32°59'24" East 147.53 feet; thence leaving said easterly line, South 57°00'36" East 39.21 feet; thence South 12°56'27" East 79.48 feet to the northerly Right-of-Way of said Indiana Parkway and the southerly line of said Future Phase; thence along said northerly Right-of-Way and said southerly line, South 77°03'40" West 115.33 feet to the Point of Beginning; said parcel containing 8,495 square feet of land, more or less than; as depicted on EXHIBIT C. 9'`' -55829 •"� °"4L LANbS rr ii i pail EXHIBIT B STORMWATER EASEMENT A parcel of land being a portion of the Future Phase as shown on the Record of Survey recorded in Book 162 of Surveys at Pages 17 and 18, Records of Spokane County, lying in the Northeast Quarter of the Northeast Quarter of Section 13, Township 25 North, Range 44 East, Willamette Meridian, City of Spokane Valley, County of Spokane, State of Washington and more particularly described as follows: Commencing at the southwesterly corner of the Future Phase of said Record of Survey, being the easterly point of the tangent curve shown as C11 on said Record of Survey; thence along the southerly line of said Future Phase and the northerly Right-of-Way of Indiana Parkway per the Right-of-Way Deed recorded in AFN 5975649, Records of Spokane County, Washington, North 77°03'40" East 142.84 feet; thence continuing along said southerly line and the northerly Right-of-Way of said Indiana Parkway, North 76°59'21" East 4.09 feet to the True Point of Beginning; thence leaving said southerly line and said northerly Right-of-Way, North 13°00'39" West 15.80 feet; thence North 76°34'17" East 194.61 feet; thence South 19°34'15" East 14.15 feet to the northerly Right-of-Way of said Indiana Parkway and the southerly line of said Future Phase; thence along said northerly Right-of-Way and said southerly line along a non-tangent curve to the right, with a radius of 484.00 feet, a radial bearing of South 19°34'15" East, an arc length of 55.41 feet, a central angle of 6°33'36" and a long chord that bears South 73°42'33" West 55.38 feet; thence continuing along said northerly Right-of-Way and said southerly line, South 76°59'21" West 140.93 feet to the True Point of Beginning; said parcel of land containing 3,172 square feet of land, more or less; as depicted on EXHIBIT C. 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