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7287090 Easement, Border SR290/SR27, Pines Rd BNSF Grade Separation, File No 0223AFTER RECORDING RETURN TO: City of Spokane Valley Attn: City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 05/30/2023 03:02:56 PM 7287'090 Rl-)oording Fee $206,50 Page 1 of 4 Easement 11 SPOKANE, COUNTY TITLE COMPANY Spokane County Washington 11111111111 N 111113 111 1E 31 3111 IN 1111 T 1111111111 IN Document Title:- Border Easement Grantor(s). Mfflliarn S. Townsend and Esther �P.To�wnsend Grantee: Government, Cily of S okane Valley Abbreviated Legal Description: Phi. L I ts.3, 4, and 5, 131k. 6, First Add. To Grand View Acres With VAggLe� t -�othqr Assessor's Tax Parcel No(s): Ltn. of .45033.02o3 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, WA BORDEREASEMENT IN THE MATTER OF SR 290/SR27, Pines Rd BNSF Grade Seamt—ion, Project File Na. 0,;Q KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), William S. Townsend and Esther P. Townsend, husband and wife, for and in consideration of TWENTY SIX THOUSAND EIGHT HUNDRED EIGHTY TWO AND NO/] 00 ($26,882.00), 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 Valle nA) Spokane County, State of Washington, to -wit: y 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 casements 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 oil, and shall inure to the benefit of the parties referenced herein, their heirs, successors and ,assigns, The City of Spokane Valley, as a pail 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, Depailment 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 requirernents 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 2 01P Grantor By: WilliamS. Townsend Grantor: BY: Esther P. Townsend Grantee: a C(4 Xpry, kVl"V��o By: Title: V'? c V STATE OF WAS14INGTON SPOKANE �BOUNTY ss I certify that I know or have satisfactory evidence that William S. Townsend And Esther P. Townsend, Grantors, are the individuals who appeared before me, and who acknowledged that theysignedthis instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated this 3044-- date of 2021. 14N '40" " " C') 0 OTAt 135729 5 A IT. 0 7 -Z AZ NOTARY *PBLIC In and for the State of Washl igton f Residing,,ia-e— My appointihent expires: 0 , S51-1- -7 - 24e_ EXHIBIT A That portion of Lots 3 and 4 and the East Half of Lot 5 in Block 6 of First Addition to Grandview Acres, according to plat recorded in Volume "s" of Plats at Page 6, TOGETHER WITH that portion of a vacated 20 foot wide strip lying Northwesterly of and adjacent to said Lots described as follows: Begin at the Northwest corner of the East Half of said Lot 5; thence S19019'05"E, along the Westerly line of the East Half of said Lot 5, 5.00 feet; thence N70"42' 1 O"E, parallel with the Northwesterly line of said Lots 3,4 and 5, 323.05 feet to the beginning of a curve concave to the South and having a radius of 212 feet; thence Easterly, through a central angle of 4'57'1 O", an arc distance of 18.31 feet to the Northeasterly line of Lot 3, Block 6 of First Addition to Grandview Acres; thence N 19" 19'05 "W, along the Easterly line of said Lot 3, 14.05 feet to a point on a non -tangent curve concave to the South, having a radius of 226.00 feet and a radial bearing through said point of N14°39'11 "W; thence Southwesterly, through a central angle of 4°38'39", an are distance of 18.32 feet; thence S70°42'1 O"W, parallel with the North line of said Lots, 323.06 feet; thence S19.19'05"E, 9.00 feet to the True Point of Beginning; Situate in City of Spokane Valley, County of Spokane, State of Washington. (CONTAINS 4,779 SF)