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7257447 Easement, Dranage: 4th Ave, EGR-2022-0086 ' 12/08/2022 10:42:43 AM 7257447 RNoord:ng Fee $207 50 Page 1 of 5 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington AFTER RECORDING RETURN TO: 1 11111 10111 111 0 IIM IIIII II III IIIII N IIII IIII111 111 11111 1111 1111 111 City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 Document Title: Drainage Easement Grantor(s): CYPRIAN HOMES LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: 20-25-44: THAT PORTION OF THE WEST 55 FEET OF THE EAST 155 FEET OF TRACT 226 OF OPPORTUNITY, AS RECORDED IN VOLUME "K" OF PLATS, PAGES 20-23, IN SPOKANE COUNT, WASHINGTON, LYING SOUTH OF SEtONDAVENUE. TOGETHER WITH THE NORTH 79 FEET OF THE EAST 100 FEET OF THE SOUTH 200 FEET OF TRACT 226. SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON. (AFN 7243272) Assessor's Tax Parcel Number(s): 45201.0655 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF 4TH AVENUE , Project File No. _EGR-2022-0086 KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), CYPRIAN HOMES 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 R.E.Excise Tax Exempt Date /9-Alk 20a Spokane County Treas. 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 WTNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of Oecs i,.nbe,/ , 20 21-. Grantor(s): (..N.10-10cA ants ��-cd Grantee: -CVO VOK Yet6Ct� By: MoQQ.,s s2.-,Aca1 tt k VickiNA( By: , (L <a 644 Title: (;o.r v'4-- Title: C ( 'LJ b1 ]! N,Ped STATE OF WASHINGTON ) ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that lAtral 1%),(0 1\ 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 ( date of 1)Q(.e 'vi x , 20 . I ,,,,,, ,,, • Notary Public NOTA Y PUBLIC State of Washington In and for the State of Washington, AMBER PORTER Residing at f21't►W1SO&rL( Crcd'r 011101 COMM`#205438XP.01/25/2023 My appointment expires: /t / 2 3 MY COMM.E ' Drainage Easement The South 19.50 feet of the East 16 feet of the West 55 feet of the East 155 of tract 226 of Opportunity, according to the plat thereof recorded in Volume "K"of Plats, Page(s)20-23, records of Spokane County. Except the South 7.5 feet thereof. Situate in Spokane County, State of Washington. EFFFi, ), k \� •F WAS ,r, , .9� i fi: ��� sg N, 4'775 ...i (PO 9FGIsTEW JQ li ANAL LA 11/29/22 A PORTION OF THE NW 1/4 OF THE NE 1/4, /\ SECTION 20,T.25N., R.44E.,W.M., CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WA ' \ SCALE: 1"=50' ,�Flts44 '77/T/T / / I/C..L/1_1___/4 777 -co'�6 / oQ40\- 155' 55' 116' 1 1 12' 19.5' 7.5' al RIGHT OF WAY 40'R.O.W 4TH AVE. DEDICATION DRAINAGE EASEMENT c re `� , EFFRF �i \� •F WAS, y.9 j� w / LL :Nri c'' .i r- 4'775 5 -1‘d' '9FG/STE9s i c�JQ ((k\ v /01 ACOFFMAN LOCATION: NO. 10215 E 4TH,SPOKANE,WA PROJECT O3 ENGINEERS 10 N.Post Street,Suite 500 CLIENT: DATE: SHEET NO: Spokane,WA 99201 ph 509.328.2994 11/29/22 1 OF 1 www.coffman.com