7316504Easement-DrainageEGR-2023-0054BolivarRd10/31/2023 11:10:56 AM 7316504
Recording Fee $206.60 Page 1 of 4
Easement CITY OF SPOKANE VALLEY
Spokane County Washington
AFTER RECORDING RETURN TO: _I 111IN111 III EE 1111111 I11111MI Its 11111 M IN MIN H #
City of Spokane Valley
City Clerk
10210 E. Sprague Avenue
Spokane Valley, WA 99206
Document Title: Drainage Easement
Grantor(s): Marcos Estates, LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: PTN OF NI/2 OF L6 & L7 EVERGREEN SUBDIVISION
Assessor's Tax Parcel Number(s): 46353.0817
CITY OF SPOKANE VALLEY
Community and Public Works Department
Spokane Valley, Washington
DRAINAGE EASEMENT
IN THE MATTER OF Bolivar Road , Project File No. EGR-2023-0054
KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Marcos Estates, LLC , for
and in consideration of mutual benefits, the receipt of which is hereby acknowledged, warrants and
conveys to City of Spokane Valley, a municipal corporation of the State of Washington, a DRAINAGE
EASEMENT over, upon, and across the following described real property, situated in the City of Spokane
Valley, Spokane County, State of Washington, to -wit:
THAT PORTION OF LOT 7 OF EVERGREEN SUBDIVISION OF PART OF TRACT 115 OF
PLAT NO.4 OF WEST FARMS IRRRIGATED TRACTS, AS PER PLAT RECORDED IN
VOLUME 2 OF PLATS, PG. 88;
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7;
THENCE S00002'33"E, ALONG EAST LINE OF SAID LOT 7,186.00 FEET;
THENCE S89047'27"W, PARALLEL THE NORTH LINE OF SAID LOT 7, 25.00 FEET TO
THE WEST LINE OF BOLIVAR ROAD AND THE POINT OF BEGINNING;
THENCE CONTINUING, S89°47'27"W, PARALLEL THE NORTH LINE OF SAID LOT 7,
12.00 FEET;
THENCE N00002'33"W, PARALLEL THE EAST LINE OF SAID LOT 7, 26.53 FEET;
THENCE N89057'27"E, 4.00 FEET;
THENCE S68014'28"E 8.62 FEET TO THE WEST LINE OF BOLIVAR ROAD;
THENCE S00002'33"E, ALONG THE WEST LINE OF BOLIVAR ROAD, 23.30 FEET TO
THE POINT OF BEGINNING;
SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON.
R. E. Excise Tax Exempt
Date 10/3/ 20a3
Spokane County Treas.
By
The Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its
authorized agents, and to the public for drainage purposes, including but not limited to allowing
stormwater drainage and/or runoff over and across the above -described real property, including but not
limited to disposal into a drainage facility located within the same above -described real property. The
Grantor(s) or their successors in interest hereby agree not to obstruct, artificially collect or discharge the
flow across or adjacent to the above -described real property. The Grantor(s) or their successors in interest
agree that the City of Spokane Valley has no responsibility for maintaining this Easement.
The Grantor(s) or their successors in interest hereby agree to having complete and total responsibility for
the construction of all related drainage facilities located within this Easement, per the accepted civil and
drainage plans on file in the office of the Engineering Division, including but not limited to all drainage
facilities necessary to convey, direct or route the stormwater and/or runoff to said drainage facility or
facilities. The Grantor(s) or their successors in interest hereby agree to having complete and total
responsibility for the perpetual maintenance of the facilities located within this Easement. In addition, the
Grantor(s) or their successors in interest agree to and, shall maintain the drainage area with permanent
live ground cover, which may include shrubbery and/or trees, so long as they do not obstruct the flow and
percolation of stormwater drainage and/or runoff. If the Grantor(s) or their successors in interest fail to
maintain said facilities, a notice of such failure may 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. Such expenses, if not paid within 60 days of notification, may be filed with the
County Auditor as a lien against the real property.
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 Drainage 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 hereby release the City of Spokane Valley, and all of its
officers, employees and agents from any responsibility or liability for any damage whatsoever, including
but not limited to inverse condemnation by or to any and all persons or property arising out of or in any
way incident to or attributable to the stormwater drainage and/or runoff within this Easement.
This 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. No modification of the boundaries of this Easement can be made without prior approval of the
City of Spokane Valley.
IN WITN SS WHEREOF, the undersigned has caused this instrument to be executed on this 3 (7
day of L , 2023 .
Grantor(s): �[ WLC-OS eS4z-Jy4 L �t
By: &dxt� i lati ws
1
Title: yu eI
STATE OF WASHINGTON )
) ss
CITY OF SPOKANE VALLEY )
17
Grantee: L i 7V vim' kI t-7
By:
Title: /�(t� l i12 EC 7—,0
I certify that I know or have satisfactory evidence that AbAcgut Wa Marc-o5 , Grantor,
is/are 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 30T0-0 date of 0cfo be-,(- , 20 Z3 .
Aaron CNotary Pub4c
�ti�q�
Commission No.144431
My C.oMMMIon Eq*es O=8=5
NOTARY PUBLIC
In and for the State of Washington,
Residing at 5 i�-a e% e-
My appointment expires: 8 &8/ZOZ.$
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NORTHEAST CORNER OF
LOT 7 PER EVERGREEN-
-------i I SUBDIVISION
EXISTING I
SHOP
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p NR S, , lo2.
o 2020
EXISTING
HOUSE
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100
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IN
1 0' EAST LINE OF
LOT 7 PER
EVERGREEN
f/` SUBDIVISION
---j I_S00'02'33"E
I
S89'47'27"W
125.00'
POINT OF
BEGINNING
PUBLIC DRAINAGE EASEMENT LEGAL DESCRIPTION:
E4-RGll I ElRGll -
WEST LINE OF LOT
7 PER EVERGREEN
SUBDIVISION I S68'�4'28"E
8.62'
� N89'S7'27"E
PROPOSED DRAINAGE oo'
LOG ME EASEMENT REAR
P NR gE 02p7 i ,1
o 2020 I N00'02'33"W-X*",
SOUTH LINE OF NORTH 26.53' _
HALF OF LOT 7 PER S89'47'27"W-/
EVERGREEN SUBDIVISION 12.00'
THAT PORTION OF LOT 7 OF EVERGREEN SUBDIVISION OF PART OF TRACT 115 OF PLAT NO. 4 OF
WEST FARMS IRRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PG. 88;
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7;
THENCE S00'02'33"E, ALONG EAST LINE OF SAID LOT 7, 186.00 FEET;
THENCE S89'47'27"W, PARALLEL THE NORTH LINE OF SAID LOT 7, 25.00 FEET TO THE WEST LINE
OF BOLIVAR ROAD AND THE POINT OF BEGINNING;
THENCE CONTINUING, S89'47'27"W, PARALLEL THE NORTH LINE OF SAID LOT 7, 12.00 FEET;
THENCE N00'02'33"W, PARALLEL THE EAST LINE OF SAID LOT 7, 26.53 FEET;
THENCE N89'57'27"E, 4.00 FEET;
THENCE S68'14'28"E 8.62 FEET TO THE WEST LINE OF BOLIVAR ROAD;
THENCE S00'02'33"E, ALONG THE WEST LINE OF BOLIVAR ROAD, 23.30 FEET TO THE POINT OF
BEGINNING;
SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON.
PSO N
NEERS, INC.
ruuNDED 1946
909 N. ARGONNE ROAD
SPOKANE VALLEY, WA., 99212
509-926-1322
0 25 50
SCALE: 1 "=50'
7538