7342521Easement-DrainageEGR-2021-0023UniversityRoad 04/09/2024 12:04:38 PM 7342521
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Easement CITY OF SPOKANE VALLEY - CLERK
Spokane County Washington
AFTER RECORDING RETURN TO:City of Spokane Valley INfIIII IIIIII 111 1111 111101 111111 111 11 11111 110 ���� ��� ��� 11 11 11111 11111 111 K 111!
City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): THUN PROPERTIES,LLC
Grantee: Government,City of Spokane Valley
Abbreviated Legal Description: PTN of Tract 1,Fruitland Add.,NE ''A Sec.8.T 25 N,R 44 E,WM
Assessor's Tax Parcel Number(s): 45081.0101
CITY OF SPOKANE VALLEY
Public Works Department
Spokane Valley,Washington
DRAINAGE EASEMENT
IN THE MATTER OF University Road ,Project File No.EGR-2021-0023,
KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),THUN PROPERTIES,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:
THE EAST 8 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF TRACT 1 LYING NORTH OF THE SOUTH 490 FEET OF FRUITLAND
ADDITION TO SPOKANE,AS PER PLAT THEREOF RECORDED IN VOLUME"E"OF PLATS,
PAGE 13;
EXCEPT THAT PORTION DEEDED TO SPOKANE COUNTY FOR UNIVERSITY ROAD,
RECORDED SEPTEMBER 12, 1986,AUDITOR'S FILE NO. 8609120452,VOLUME 842,PAGE
1655;
SITUATED IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
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
R.E.Exc, lso Tax Exempt
Date wG� 20 Z'-I
Spokane Dotty Treas.
By ��/1_
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 WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this gi-L
day of .Q,,a..�. ,20�
Grantor(s): Ge"- Grantee:(it a C �
By: E�L. c *3'. 1 V By:
Title: °tA-3N E. Q Title��L1L �(/o,2/Cs 1-)i7&-e7-o,Z�
STATE OF WASHINGTON )
)ss
CITY OF SPOKANE VALLEY )
I certifythat I know or have satisfactory evidence that ry ig( G ...I.—
. Th tit , Grantor,
is re the individual(s)who appeared b•fore me,and who acknowledged tha a he/they signed this
mstrument and acknowledged it to b a er/their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated this 8� date of ( L. ,20 ZL/.
Jamison Albertini
Notary Public NOTA UBLIC
State of Washington
Commission Number 8255 In for the State of Washington,
My Commission Expires
April 10,2025 Residing at .�p0k4"1/ 60'
My appointment expires: !f//d�2c.Z7--
DRAINAGE EASEMENT EXHIBIT
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t�?0. AFN 8609120452
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BOO 2 48 I 32' 20'
7, PA 8.0' DRAINAGE
600K r EASEMENT 1
AN EASEMENT FOR DRAINAGE PURPOSES c4 I A
BEING DESCRIBED AS FOLLOWS: 4'+
N Iyy..
THE EAST 8 FEET OF THE FOLLOWING i E
DESCRIBED PROPERTY:
co 1:4
THAT PORTION OF TRACT 1 LYING NORTH In
OF THE SOUTH 490 FEET OF FRUITLAND
ADDITION TO SPOKANE, AS PER PLAT 0 Z {
THEREOF RECORDED IN VOLUME "E" OF I
PLATS, PAGE 13;
EXCEPT THAT PORTION DEEDED TO I
SPOKANE COUNTY FOR UNIVERSITY ROAD, I
RECORDED SEPTEMBER 12, 1986, AUDITOR'S i
1FILE
655;NO. 8609120452, VOLUME 842, PAGE
1 32' 20'
SITUATED IN THE CITY OF SPOKANE I -
VALLEY, COUNTY OF SPOKANE, STATE OF 2.0' I
O 25 '-+o WASHINGTON. (
` 20 SCALE: T - 50'
30'
586'48.01"W 361.11' I
I
FRUIT AMD APAIGON3 .'\
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HOLT SURVEYING AND MAPPING, INC. SCALEs 1" = 50'
TAPIO OFF. CENT., 104 S. FREYA BLUE FLAG BLDG.
elk SUITE 104A, SPOKANE, WA 99202
(509) 222-0468 rickholtsurveying@gmoil.com JOB Noe 201 07