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7270526 Easement, Border: Cataldo Ave, BLA-2022-0039 •- y 03/01/2023 03:12:58 PM 7270526 Recording Fee $206.50 Page 1 of 4 AFTER RECORDING RETURN TO: Easement GOVERNMENT, CITY OF SPOKANE VALLEY City of Spokane Valley Spokane County Washington Attn: City Clerk 11111111111111_11111111111131111111111111101111111111111111111111111111 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Border Easement Grantor(s): Samuel S. and Shelby N. Schoesler Grantee: Government,City of Spokane Valley Abbreviated Legal Description: Bacons Greenacres E1/2 of RRB23 Assessor's Tax Parcel No(s): 55182.2330 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,WA BORDER EASEMENT IN THE MA"ITER OF Cataldo Avenue, Project File No. BLA-2022-0039, KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s) Samuel S. and Shelby N. Schoesler, 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 Exhibit"A" 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. 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 R. E. Excise Tax Exempt Date 3/1 20.) Spokane County Treas. By( \ running with the land that in the event facilities are constructed,maintained,or otherwise operated on the 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 Spokane 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 31,4 day of (—OD rya ,20 '23.Grantor: Sc vf. S ci o S I eGrantee: lam/ �i�CLe By: By: Title: 0 ►us Title: 11't //2 eC TO,e STATE OF WASHINGTON ) ) ss SPOKANE COUNTY ) I certify that I know or have satisfactory evidence that 2504uei Clex ,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 brv,cxrys„ , 20&3 . ( MELISSA LEANN STEPHENS ( NOTARY PUBLIC Notary Public In and for the State of Washington State of Washington Res l+cth..2, es Commission#22000473 0 g My Comm. Expires Oct 27, 2025 ( My appointment expires: to/av/a.ba5 c2 � 1 �, — J — 1• LOT LINE TO BE ADJUSTED PROPOSED - N - PARCEL 2 AREA 1.178 ACRES t EAST HALF TRACT 23 c(o rn BACON'S ADDITION TO GREENACRES M M VOLUME, PAGE 15 r, N Lo 3 .^ CO SCALE 1"=100' of .r o o List o ' L3 Z 0 o PROPOSED LOT LINE PROPOSED o ---68.3'�,'. PARCEL 1 AREA o - 56.1' 0.949 ACRES t , \ EA' INGRESS/EGRESS EASEMENT • V 26.7' •I \\EI.L D04, b n o <C' Of WAS,/ )". . 411 yA 4 If �cr p 17)cV 7-" cV Z 17 csJ —2' BORDER EASEMENT I�' % —56.1'--' co ' 414I +i o i •8 N • 4S/DR I STERE9�JQ' C L AND p I. S 89'48'24" E 164.75' CATALDO AVE. (40' IN WIDTH) CURVE TABLE: CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 2267.01' 174.18' 174.14' N 70'40'29" E 4'24'08" C2 2317.01' 173.68' 173.64' S 71'06'30" W 4'17'41" J,JNE TABLE: LINE BEARINGDISTANCE L1 N OO'01'41" E 53.67' L2 N 00'01'48" W 52.26' CO L3 S 89'42'04" E 164.55' EXHIBIT 2' BORDER EASEMENT DURYEA & ASSOCIATES CITY OF SPOKANE VALLEY, WA 2702 N. Perry Street Spokane, WA 99207 (JANUARY 30, 2023) 22-3261 . r C\ p.) DURYEA &A S S O C I A T E S Surveying and snapping January 30, 2023 Job No. 22-3261 EXHIBIT "A" LEGAL DESCRIPTION FOR 2-FOOT BORDER EASEMENT A border easement 2 feet in width over and upon that certain parcel of land situate in Northwest Quarter of Section 18, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington and being described as follows: The South 12 feet of the East half of Tract 23 of Bacon's Addition to Greenacres, as per plat recorded in Volume"J"of Plats,Page 15, lying South of the Spokane and Inland Empire Railroad Company's right of way also known as the Vera Line. Excepting Therefrom: The South 10 feet of the above described 12-foot wide unit of land. Said Easement contains 329 square feet,more or less. Prepared by: i \cof w°4/RrF i Mitchell Duryea 4 y r 41 �. PLS 33658 ; . Zz" b Expires: 9/17/2023 %# ', "e -4 I `r/Q I STEMo c,J� 4 /'AL L ANC I. 4