7302874Easement-BorderSR290/SR27PinesRdSNSFGradeSeparationAFTER RECORDING RETURN TO
City of Spokane Valley
Attn: City Clerk
10210 E. Sprague Avenue
Spokane Valley, WA 99206
08/17/2023 03:48:03 PM 7302874
Recording Fee $206.50 Page 1 of 4
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
Document Title: Border Easement
Grantor(s): Smith Empire Property, LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: Ptn. Lt. 1, Blk. I Grandview Acres lst Add., Replat Blk. I
Assessor's Tax Parcel No(s): Portion 45033.0501
CITY OF SPOKANE VALLEY
a Community and Public Works Department
-CX?�,,, Spokane Valley, WA
to
to
BORDER EASEMENT
W IN THE MATTER OF SR 290/SR 27, Pines Rd BNSF Grade Separation, Project File No.
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, SMITH EMPIRE
0 PROPERTY, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, for and in
co
consideration of TWENTY THOUSAND THREE HUNDRED EIGHTY SEVEN AND NO
DOLLARS (20,387.00), 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 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
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`��
Grantor: Smith Empire Property, LLC
Grantee: City of Spokane Valley
Ci �Vlyf ►1C'C�
By: By
Title:
Kenneth Smith, Member
Title
ab-,A.
Pauline Smith, Member
STATE OF WASHINGTON )
ss
SPOKANE COUNTY )
On this V6,—, day of � 20,9? , before me personally appeared Kenneth Smith
and Pauline Smith to me known to be the members of Smith Empire Property LLC, a Washington
Limited Liability Company that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said Limited Liability Company, for the
uses and purposes therein mentioned, and on oath stated that (he/she/they) (is/are) authorized to
execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
Dated this 10 date of 1_-O / , 20073
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135729
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o l,1WASN`�a`�,
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NOTARY RJBLIC
In and for the State of Wash' gton
Residing S o
My appointment expires: '?tea
EXHIBIT "A"
That portion of Lot 1 in Block 1 of Replat of Block 1, 1" Addition to Grandview Acres,
according to plat recorded in Volume 16 of Plats at Page 32 described as follows:
Begin at the Southwest corner of said Lot 1; thence N 19° 19' 05" W, along the Southwesterly
property line of said Lot 1, 51.00 feet to the True Point of Beginning; thence N 70'42' 10" E,
parallel with the Southerly line of said Lot 1, 89.63 feet to the beginning of a curve concave to
the South and having a radius of 288.00 feet; thence Easterly, through a central angle of
349 7'18", an arc distance of 174.03 feet to a point on the Southerly line of said Lot 1; thence S
70'42' 10" W, along said Southerly line, 26.13 feet to the beginning of a non -tangent curve
concave to the South, having a radius of 274.00 feet and a radial bearing through said point of N
10'49'21" E; thence Westerly, through a central angle of 30'07' 17", an arc distance of 144.05
feet; thence S 70°42' 10" W, parallel with the Southerly line of said Lot 1, 89.63 feet; thence N
19019'05" W, 14.00 feet to the True Point of Beginning.
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
Contains 3,485 SF