7273855Easement, DrainageEastOfTheWillametteMeridiana3/20/2023 03:09:29 PM 7273855
Recording Fee $210.60 Page 1 of 8
Easement SPOKRNE COUNTY TITLE CO
Spokane County Washington
After recording return document t6: 1111111111111111111111111111111111 IN 11111111111111111111111111111111111111111111 IN 111
City of Spokane Valley
Attn: Community and Public Works Department
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document Title: Drainage Easement
Reference Number of Related Document:
Grantor: Spokane Conservation District
w Grantee: City of Spokane Valley S w 11y
c� Legal Description: Portion of Section 23, Township 25 North, Range 43 East of the
,., Willamette Meridian
., Full Legal Description is included in Exhibit A and Exhibit B.
Assessor's Tax Parcel Numbers: Portion of 35233.9192
Portion of 35233.9176
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DRAINAGE EASEMENT
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The Grantor, Spokane Conservation District, a Washington State Governmental
Subdivision, for and in consideration of TWO HUNDRED FIFTY TWO THOUSAND, SIX
HUNDRED FOURTEEN AND 00/100 DOLLARS ($252,614.00), conveys and grants unto the
CITY OF SPOKANE VALLEY, and its assigns, Grantee, an easement over, under, upon and
across the hereinafter described lands for the purpose of allowing construction, maintenance,
and use of the easement area for public stormwater treatment, storage, conveyance, and
infiltration.
Said lands being situated in Spokane County, State of Washington, and described as
follows:
1. A portion of Assessor's Tax Parcel Number 35233.9192 as described in the legal
description in Exhibit A attached hereto and made a part hereof.
2. A portion of Assessor's Tax Parcel Number 35233.9176 as described in the legal
description in Exhibit B attached hereto and made a part hereof.
The Grantor hereby agrees to provide continuous vehicle and truck access over or on
the above -described lands to the Grantee in order to construct, maintain, clean, repair, and
replace drainage appurtenances at the will and pleasure of the Grantee. Grantee, at its sole cost
Page 1 of 8
DRAINAGE EASEMENT
and expense, shall promptly repair any damage to the Grantor's above -described lands caused
by Grantee's vehicle and truck access.
The City of Spokane Valley accepts complete and total responsibility for the
construction and perpetual maintenance of the stormwater facilities and landscaping located
within said Drainage Easement.
The Drainage Easement described herein shall run with the land. No modification of
the boundaries of said Drainage Easement can be made without the prior approval of The City
of Spokane Valley and the Spokane Conservation District.
To the maximum extent permitted by law, the Grantee shall defend, indemnify, and hold
Grantor harmless from and against claims or liability of any kind or nature incurred by Grantor
as a result of, or arising out of, Grantee's or its employees', agents' or contractors' exercise of
Grantee's rights granted herein. Grantee's defense, indemnification, and hold harmless
obligation shall include, but not be limited to: (i) claims related to or arising out of personal
injury up to and including death and (ii) claims related to or arising out of Hazardous
Substances. Notwithstanding the foregoing, nothing herein shall require Grantee to defend,
indemnify, or hold Grantor harmless for that portion of any such liability attributable to the
negligence of Grantor, its employees, agents, or contractors. The term "Hazardous Substances"
as used herein shall mean any substance heretofore or hereafter designated as hazardous under
the Resource Conservation and Recovery Act, 42 USC Sec. 6901 et seq.; the Federal Water
Pollution Control Act, 33 USC Sec. 1251 et seq.; the Clean Air Act, 42 USC Sec. 7401 et seq.;
the Comprehensive Environmental Response Compensation and Liability Act of 1980,42 USC
Sec. 9601 et seq.; or the Hazardous Waste Cleanup -Model Toxics Control Act, RCW 70A.305,
all as amended and subject to all regulations promulgated thereunder.
For purposes of the foregoing indemnification provision only, and only to the extent of
claims against Grantee by Grantor under such indemnification provision, Grantee specifically
waives any immunity it may be granted under the Washington State Industrial Insurance Act,
Title 51 RCW or any other applicable federal or state workers' compensation acts. The
indemnification obligation under this easement shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable to or for any third parry
under workers' compensation acts, disability benefit acts, or other employee benefit acts.
The substantially prevailing parry in any lawsuit brought to enforce or interpret the
terms of this Easement shall be entitled to recover its reasonable attorneys' fees and costs
incurred in said suit, including on appeal.
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DRAINAGE EASEMENT
It is understood and agreed that delivery of this easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Spokane Valley
unless and until accepted and approved hereon in writing for the City of Spokane Valley, by
its authorized agent.
Date f ,2023
SPOKANE CONSERVATION DISTRICT,
a Washington State Governmental Subdivision
51
Its:
Page 3 of 8
Accepted and Approved:
CITY OF SPOKANE VALLEY
By —
�C
Title: anager
Date: IV lA-� c � i 3 , Z42 3
DRAINAGE EASEMENT
STATE OF WASHINGTON )
ss
County off
On this 3 day of MALL 2023, before me personally appeared
N 1 C C-la kCj- anr to me known to be the
2T .e c�yr of Spokane Conservation District, a Washington State
Governmental Subdivision that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said State Governmental
Subdivision, for the uses and purposes therein mentioned, and on oath stated that
(he/she4hey) (is4r-e) authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL) 0,c
;`, lip
Notary Public in and for the State of
Washington, residing at SPC CA �h� �� l
My commission expires 5�
CANDICE P HENDERSON'
NOTARY PUBLIC 0191323
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 9, 2025 ,
Page 4 of 8
EXHIBIT A
PARCEL 35233.9192 DRAINAGE EASEMENT LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 23, TOWNSHIP 25 NORTH, RANGE 43 EAST OF
THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHEAST CORNER OF THE NORTH 380 FEET OF THE WEST QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 385.00
FEET;
THENCE SOUTHEASTERLY, 546.5 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE
WEST QUARTER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT
BEING 385.00 FEET SOUTH OF THE POINT OF BEGINNING;
THENCE NORTH, ON THE EAST LINE OF SAID WEST QUARTER, A DISTANCE OF 385.00 FEET TO
THE POINT OF BEGINNING;
EXCEPTTHAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED PARCEL;
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST QUARTER OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER;
THENCE NORTH 00"02'09" WEST, ON THE EAST LINE OF SAID WEST QUARTER, A DISTANCE OF
615 FEET,
THENCE NORTH 89°34'56" WEST, PARALLEL WITH THE SOUTH LINE OF SAID WEST QUARTER, A
DISTANCE OF 328.82 FEET;
THENCE SOUTH 00*02-09" EAST, A DISTANCE OF 415 FEET. -
THENCE NORTH 89*34-56" WEST, A DISTANCE OF 77.88 FEET;
THENCE SOUTH 00*02-09" EAST, A DISTANCE OF 200 FEET TO THE SOUTH LINE OF THE NORTH
HALF OF THE SOUTHWEST QUARTER;
THENCE SOUTH 89034'56" EAST ALONG SAID SOUTH LINE, 406.70 FEET TO THE POINT OF
BEGINNING;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON
Page 5 of 8
22
EXHIBIT A
114 SECTION LINE
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APN:35233.9192
NW 1/4 OF SW 1/4 NE 1/4 OF SW 1/4
328.82'
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APN: 35233.9176
EXCEPTION
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1/4 SECTION LINE
DRAINAGE EASEMENT APN: 35233.9192
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%Iley- PROJECT NO. N/A SCALE: 1"= 150'
DRAWN BY: AOK 11/21/202 CHECKED BY:CEP 11/21/202
Page 6 of 8
EXHIBIT B
PARCEL 35233.9176 DRAINAGE EASEMENT LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 23, TOWNSHIP 25 NORTH, RANGE 43 EAST OF
THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 380 FEET OF THE WEST QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 385.00
FEET;
THENCE SOUTHEASTERLY, 546.5 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE
WEST QUARTER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT
BEING 385.00 FEET SOUTH OF THE POINT OF BEGINNING;
THENCE NORTH, ON THE EAST LINE OF SAID WEST QUARTER, A DISTANCE OF 385.00 FEET TO
THE POINT OF BEGINNING;
LYING WITHIN THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE
WEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 25 NORTH, RANGE 43 EAST OF THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST QUARTER OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER;
THENCE NORTH 00002-09" WEST, ON THE EAST LINE OF SAID WEST QUARTER, A DISTANCE OF
615 FEET;
THENCE NORTH 89034-56" WEST, PARALLEL WITH THE SOUTH LINE OF SAID WEST QUARTER, A
DISTANCE OF 328.82 FEET;
THENCE SOUTH 00*02-09" EAST, A DISTANCE OF 415 FEET;
THENCE NORTH 89*34-56" WEST, A DISTANCE OF 77.88 FEET;
THENCE SOUTH 00°02'09" EAST, A DISTANCE OF 200 FEET TO THE SOUTH LINE OF THE NORTH
HALF OF THE SOUTHWEST QUARTER;
THENCE SOUTH 89*34-56" EAST, ALONG SAID SOUTH LINE, 406.70 FEET TO THE POINT OF
BEGINNING;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.
Page 7 of 8
22
EXHIBIT B
1/4 SECTION LINE F123
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385.00'
EXCEPTION
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NW 1/4 OF SW 1/4 APN: 35233.9192� NE 1/4 OF SW 1/4
328.82'
APN: 35233.9176
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APN:35233.9192
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406.70' —
22 23 —' — I —�—
1l4 SECTION LINE
DRAINAGE EASEMENT APN: 35233.9176
PROJECT NO. N/A SCALE: 1" =150'
DRAWN BY: AOK 11/21/202 CHECKED BY:CEP 1/21/202