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7347519Easement-DrainageEGR-2022-0039BowdishAndBates 05/06/2024 01:29:33 PM 7347519 3 Recording Fee $307.50 Page 1 of 5 Easement CITY, OF SPOKANE VALLEY Spokane County Washington 111111I 111111 III IIH 111111I 11111I IIII IIII 111111111111111111111I III 111111111111111 CHI III AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): SLC Properties,LLC Grantee: Government,City of Spokane Valley Abbreviated Legal Description: A portion of Tracts 53, 55 and 57 of Pinecroft 1st Addition Assessor's Tax Parcel Number(s): 45094.0500 CITY OF SPOKANE VALLEY Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MA 1"1'ER OF Bowdish Road and Bates Road .,Project File No. EGR-2022-0039, KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s), SLC 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: BOWDISH ROAD DRAINAGE EASEMENT: A portion of Tracts 53, 55 and 57 of Pinecroft 1st Addition, as recorded in Volume M of Plats,page 35 in the SE 1/4 of Section 9, T 25 N,R 44 EWM in Spokane Valley, Washington,Except the West 10 feet for Bowdish Road and described as follows: Begin at a point 10 feet east of the SW Corner of the North 21 feet of said Tract 57;thence North, parallel with the West line of said Tracts,a distance of 68.28 feet to the True Point of Beginning;thence East,parallel with the North line of said Tract 57, a distance of 11.00 feet;thence North, parallel with the West line of said Tracts,a distance of 190.00 feet;thence West a distance of 11.00 feet;thence South, parallel with the West line of said Tracts,a distance of 190.00 feet to the True Point of Beginning. BATES ROAD DRAINAGE EASEMENT: A portion of Tracts 53, 55 and 57 of Pinecroft 1st Addition, as recorded in Volume M of Plats,page 35 in the SE 1/4 of Section 9,T 25 N, R 44 EWM in Spokane Valley, Washington,described as follows: R.E.Excise Tax Exempt Date 51 to 20 2,1( Spokane County Treas. By QA, Begin at the SE Corner of the North 21 feet of said Tract 57;thence North, along the East line of said Tracts, a distance of 74.82 feet to the True Point of Beginning;thence West,parallel with the North line of said Tract 57, a distance of 7.50 feet;thence North,parallel with east line of said Tracts,a distance of 87.50 feet;thence East a distance of 7.50 feet to the East line of said Tracts;thence South, along the East line of said Tracts, a distance of 87.50 feet to the True Point of Beginning. The Drainage Easements 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 WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this _S day of May , 20D9 . d O c Grantor(s): W Grantee: ZIC:r FS� / r+,�.,lE �i4-tL By: S qq G'^ e'v��ehc By: , Title: O w('4-'/ Title:?/130 c_ 1,243/z1c s .D/R E r6 STATE OF WASHINGTON ) )ss CITY OF SPOKANE VALLEY ) I� j" I certify that I know or have satisfactory evidence that 4.YVr LU wail ttv c,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 rA date of V 11ll' ,20 ow. Lesa Simpson &44,...., szzs.vr...... State of Washington NOTARY PUBLIC Notary Public Commission No.21028255 In and for the S to of Washington, My Commission Expires 09/01/2025 Residing at U4L My appointment expires: q( 1 125 BOWDISH ROAD INTERSTATE 90 DRAINAGE EASEMENT I LEGAL DESCRIPTION: A portion of Tracts 53,55 and 57 of 30 FOOT VACATION OF BATES RD I I Pinecroft 1st Addition, as recorded in BY RESOLUTION NO. 95-1087--\1 1 Volume M of Plats,page 35 in the SE 1/4 of Section 9,T 25 N,R 44 EWM in Spokane Valley,Washington,Except the West 10 feet for Bowdish Road and described as follows: I ORIGINAL WEST Begin at a point 10 feet east of the SW TRACT LINE 30' Corner of the North 21 feet of said Tract ,V- 1 57;thence North,parallel with the West TRACT 51 line of said Tracts,a distance of 68.28 feet to the True Point of Beginning;thence 5'15' TRACT LINE I East,parallel with the North line of said Tract 57,a distance of 11.00 feet;thence North, parallel with the West line of said Tracts,a distance of 190.00 feet;thence 25' 25' DRAINAGE I West a distance of 11.00 feet;thence 1 7 EASEMENT South,parallel with the West line of said Tracts,a distance of 190.00 feet to the TRACT 53 True Point of Beginning. I. -i-11.00 O\"\\`' 11525' ORIGINAL EAST o PO TRACT LINE I 0 a) S \ F� �G Q' TRACT 55 I TPOB I 0 N Q cd 0 `° U) TOB Q 0 o ct 00I TRACT 57 I w ►— 10.00' Q m L MISSION AVE 0 Founded 1946 ANimpson Engineers, Inc. 0 50 100 200 CIVIL ENGINEERS & LAND SURVEYORS N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789 PHONE (509) 926-1322 FAX (509) 926-1323 , INTERSTATE 90 BATES ROAD I DRAINAGE EASEMENT LEGAL DESCRIPTION: I 30 FOOT VACATION OF BATES RD A portion of Tracts 53,55 and 57 of BY RESOLUTION NO. 95-1087 Pinecroft 1st Addition, as recorded in Volume M of Plats,page 35 in the SE 1/4 of Section 9,T 25 N,R 44 EWM in Spokane Valley,Washington,described as follows: I Begin at the SE Corner of the North 21 feet ORIGINAL WEST of said Tract 57;thence North,along the VTRACT LINE 30 East line of said Tracts,a distance of 74.82 feet to the True Point of Beginning;thence TRACT 51 West,parallel with the North line of said TRACT LINE I Tract 57,a distance of 7.50 feet;thence r 5'15'I North,parallel with east line of said Tracts, 25'I 125 I a distance of 87.50 feet;thence East a distance of 7.50 feet to the east line of said thence , of , saTracts;id Tracts a distanceSouthalong of 87.50the feeteast toline the 1 True Point of Beginning. TRACT 53 Off•\" i125 ORIGINAL EAST QO TRACT LINE I NS 7.50'—.--I ID �F.C'� TRACT 55 00 r—Q� DRAINAGE — ..-j EASEMENT TPOB N m I o 1 1 4 r 0 o _ TOB Q 0 o 01 N TRACT 57 u) m IW Q m _ L M MISSION AVE 0 Founded 1946 &mpson Engineers, Inc. 0 50 100 200 CIVIL ENGINEERS & LAND SURVEYORS N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789 PHONE (509) 926-1322 FAX (509) 926-1323