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7289508 Easement, Border EGR-2023-0023 06/12/2023 10:41:23 AM 7289508 Recording Fee $206,50 Page f of 4 Easement CITY OF SPOKANE VALLEY Spokane County Washington AFTER RECORDING RETURN TO: I IIIIIII IIII1I91I IIII IIIIIII IIIIII IIII IIII Illll IIIII lllll IIIIIII III IIIII IIIII IIIII IIII IIII City of Spokane Valley Attn: City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Border Easement Grantor(s): 2"d Ln Apartments LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: NE 1/4 of the NE 1/4 of Sec. 21, T.25N., R.44E.,W.M. Assessor's Tax Parcel No(s): 45211.0139, 45211.0140, 45211.0141 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,WA BORDER EASEMENT IN THE MATTER OF 1S'Avenue and Robie Road,Project File No. EGR-2023-0023 ,KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s),2"Ln Apartments LLC,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: All that certain real property situate in the Northeast One-Quarter of the Northeast One-Quarter of Section 21,Township 25 North,Range 44 East,Willamette Meridian,City of Spokane Valley, County of Spokane, State of Washington, being a portion of Lot 18, Block 165, Opportunity, according to the plat thereof recorded in Volume"K"of Plats,Page 20,records of Spokane County,Washington, said Lot delineated as Parcel A,Parcel B &Parcel C of that certain Boundary Line Adjustment BLA-2023-0004,under Auditor's File Number 7271979, records of Spokane County, Washington, and more particularly described as follows: Commencing at the Northeast corner of said Lot 18, common with the Northeast corner of said Parcel A, and the South Right-of-Way of 1st Avenue; Thence South 02°19'11" East along the East line of said Lot 18, common with the East line of said Parcel A and the West line of Lot 17 of said Block 165, a distance of 4.00 feet to the True Point of Beginning; Thence leaving said East line South 87°18'25"West along a line offset 4.00 feet South of and parallel with said South Right-of-Way a distance of 186.16 feet; R.E.Excise Tax Exempt Date OW)Z 20 23 Spokane County'Deus, By �/} • Thence Southwesterly along a tangent curve to the left with a radius of 27.50 feet through a central angle of 89°39'28" an arc distance of 43.03 feet to a point of tangency with a line offset 4.00 feet East of and parallel with the East Right-of-Way of Robie Road; Thence South 02°21'03" East along said line offset 4.00 East of and parallel with said East Right-of-Way a distance of 170.16 to the South line of said Lot 18, common with the South line of said Parcel C and the North line of Block 180 of said Opportunity; Thence North 87°10'28"East along said South line a distance of 14.00 feet; Thence leaving said South line North 02°21'03" West along a line offset 18.00 feet East of and parallel with said East Right-of-Way a distance of 170.05 feet; Thence northeasterly along a tangent curve to the right with a radius of 13.50 feet through a central angle of 89°39'28"an arc distance of 21.13 feet to a point of tangency with a line offset 18.00 feet South of and parallel with said South Right-of-Way; Thence North 87°18'25"East along said line offset 18.00 feet South of and parallel with said South Right- of-Way a distance of 186.07 feet to said East line of said Lot 18,common with said East line of said Parcel A and said West line of said Lot 17; Thence North 02°19'11"West along said East line a distance of 14.00 feet to the True Point of Beginning. Contains 5,436 square feet,more or less. 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 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 day of , 20 23 . Grantor: Grantee: G `.1 or Sp D of 04 W ily By: �jtm t FieLO By: fi h c1 U Title: i eS,,;,owl---- Title: CaliErtl n(i!J STATE OF WASHINGTON ) ) ss SPOKANE COUNTY ) { I certify that I know or have satisfactory evidence that i)athci SCrc-( 13\E L) , Grantor, is/arc 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 c5 date of SLAfle , 2O 2 ,1►1111UIf►f1!// l7 .‘‘ON ROSE 7?),/,� Tf�"^de. A• l �2 Q`01MENr °°Ls '.� NOTARY PUBLIC �� �yara • ,`.G In and forte State of Washington a ' '�� v= Residing tiert a(e. al s "1/euc :z ti My appointment expires: (\)o'�eI bc(l(6,0Qoa6 "I� IWAS'H\�„,\.`'��\ OPPORTUNITY OPPORTUNITY 165 166 FOUND 2" PIPE WITH PLASTIC CAP S87°15'12"W FOUND RAIL ROAD SPIKE S "W 650� 43.7a'—� 664.28` • L1 l �� — 26, 1ST AVENUE ! 51.99' d FOUND P.K. NAIL 145.00' 4 72.50' fI••••••••••••••1! o NO2°i9`11"W 0 0 186.16' T.P,O.B. 4.00' ° NO2°19111"W OPPORTUNITY I: N87°18`25"E 186.07' 14.00' 165 L=21.13' lx 4 p O R=13.50' 14' FOUND#4 REBAR r L=089°39'28"' "DUNSMORE 17 �, L=43.03' LS 12606" AIF' � A. GRi�F�l A=27.50'089°3 OF N o� y S Q=089°39'2$ CITY '` 14' ~ o w SPOKANE VALLEY �' c .n BL,q-2Q23-OQQ4 c 2o1z319a I PARCEL B 18 A.F.N. 7271979 W E I— o LQ.o o S 11tLl ':ww00 A' N N W e-I o r. o PARCEL C V 1 o Line Table p 40' °0 N �7 Z z BORDER EASEMENT C4 Line# Length Direction 20' AREA=5,436 S,F.+ 0., Li 3.68 NO2°15'27"W f 1 N871.0'28"E N87°10'28"E 4.00' I 14.00' y op 0 N87°10'28"E OPPORTUNITY 180 PROJECT NO.: 0 05/155/15 AW-CE3 EXHIBIT 'B' DATE: /23 DRAFTED BY: BAG REVIEWED BY: HAB BORDER EASEMENT WHIPPLE CONSULTING,ENGINEERS SCALE: l"=50' 21 S.PINES ROAD T. 25 N. -R.44-E. -S. 21 CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WA SPOKANE VALLEY'WA 99206 _ PH:509-893-2617 FAX.509-925-0227