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7304496Easement-Border-MW-2023-0001 08/25/2023 01:17:34 PM 7304496 Recording Fee $207.50 Page 1 of 5 Easement CITY OF SPOKANE VALLEY Spokane County Washington I IIIIIII IIII1I III III I IIIII IIIII IIII I II IIIII I III IIIII IIIIIII III IIIII IIII IIII IIII AFTER RECORDING RETURN TO: City of Spokane Valley Attn: City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 Document Title: Border Easement Grantor(s): Schmidt Investments of Washington, LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description: 07-25-44 NW THE WLY 285 FT OF THE SW 1/4 OF THE NE '/4 LYING ELY OF NORTH VISTA ROAD; SLY OF FERRERA'S ADDITION AND NLY OF TRENT AVENUE Assessor's Tax Parcel No(s): 45071.0038 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley, WA BORDER EASEMENT IN THE MATTER OF Trent Avenue and Vista Road, Project File No. MW-2023-0001 KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Schmidt Investments of Washington, 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: [As described in attached Exhibit A and depicted in attached Exhibit B] 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. R. E. Excise Tax Exempt Date A‘JC.3a:1f 23 2023 Spokane County Treas. By 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, isili i excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. The Grantor Si or their successors ;1 interest aei:G to and shall maintain in good o( repair the sidewalks, uri\eways and landscaping to be installed on such property, and when so doing shall not be considered agents, of the City of Spokane Valley, f 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 thilure,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 iniets, grades, pipes, catch basins, drywell.and other drainage structures and appurtenances used for :2e d:spo a l oc public road drainage. IN WITNESS WHER1,012. the un ,d t ;s instrument t .o be ..,_.,ut,a (in tl.:i' ZS day of � Schmidt Grantor: Schmidt InvestmentsWas hington.a mu.sh on. UK fly: By: �/-_ .__. By: l0 Title: _Charles Schmidt.dt, Title: Ct- F noli llC� COUNTY OF 1.L On this day of 20 a,3 , before me, the subscriber. a Notary Public in and for said State and County, ersonall\ i,;'c arcd Charles Sehmi.it t; \ernor of Schmidt Investments of V4 ashington L l..C, known or subscribed and sworn to me to be the person whose name is subscribed to the within instrument, and in due form of `iw acknowledged that he is authorized ized on behalf of said lir it d ahilltt' compani to ..a..i:€.i _ all e ,Jinc s pet i � �. . . that ., i � 1 it ,7v .,iG ,.1:s:! 'lt" �'i ,�� 1;7C he eXccliti-d%t.v same as his voluntary act and deed on behalf of said limited liability company, 9 Dated this O date of_ 0.-Ctanl Me-netA--1 NOTARY PUBLIC In and fur the State of TtnAj Residing 39�0= eviaty lick 5133Z , y appointii,e, i canicc . ki a i aua 3 O�PPiAL S�, DAWN MONNAHAN * * COMMISSION NUMBER 185212 MY COMMISSION EXPIRES: a JUNE 19,20 a3 Exhibit A Border Easement A strip of land, 10 feet in width, lying over Parcel B as shown on Record of Survey Recorded at Book 107, Page 41 as Auditor's Number 4936342, Records of Spokane County, located in the Southwest quarter of the Northeast quarter of Section 7, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington, and more particularly described as follows: Beginning at the southwest corner of said Parcel B, being a point on the Northerly right-of-way of East Trent Avenue; thence along said Northerly right-of-way of East Trent Avenue N73°42'19"E a distance of 12.44 feet; thence leaving said Northerly right-of-way N52°50'54"W a distance of 43.08 feet to a point on the East right-of-way of North Vista Road; thence along said East right-of-way of North Vista Road S00°37'19"W a distance of 12.44 feet; thence S52°50'54"E a distance of 28.26 feet to the Point of Beginning; said strip of land containing 356.6 square feet, more or less. 23.25' PARCEL B [45072.7101 J (R.O.S. 107/41) 45071.0038 CC 0 S00°37'19"W A 4, 12.44 \\p 921... PROPOSED 10' • \08 BORDER 7102] EASEMENT [45072. sscp° ?��sSAF • N73°42'19 E 12.44 — T.-.•.B. 60' RNT A-ENUE EAST TR cs Z 0 i 21-050.1-BORDER EASEMENT EXHIBIT APRIL 12,2023 EXHIBIT B SCALE:1"=30'