7361319Easement-DrainageEGR-2021-0072AlkiAvenue 07/18/2024 10:37:09 AM 7361319
Recording Fee $307.50 Page 1 of 5
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
11III1II 111111 III IIII IIIIIII I11111 IIII IIII I_IIII hIIII 11111 IIIIIII III 1111111111 IIII IIII
AFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): Pence Properties Alki LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: Portion of the East Half of the North Haft of Tract 115 of Opportunity,
Section 16, Township 25 North,Range 44 East, Willamette Meridian, Spokane County,Washington
Assessor's Tax Parcel No(s): 45164.0253
CITY OF SPOKANE VALLEY
Public Works Department
Spokane Valley,Washington
DRAINAGE EASEMENT
IN THE MATTER OF Alki Avenue,Project File No. EGR-2021-0072, KNOW ALL MEN BY THESE
PRESENTS,that the Grantor(s), Pence Properties Alki 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:
See Attached Exhibit B-1
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
R. E. Excise Tax Exempt
Date Vvl%4 it 2024
SP County Tress.
By
•
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 I/
day of 7 ul 1 ,20 2'P .
/1•04
� s-Grantor: Penc roperties Alki LLC Grantee: oc
By:Jose h E.Pence By: —��—
Title: Governor Title: u L s /2�cToiZ
STATE OF WASHINGTON )
)ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that TOScph .Pow., ,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 I-7 date of ,)��,�U , 20 2 I .
'c\NJ,Fiji D1,//' NOTARY PUBLIC
„
,,,stoN ,�,,,•(E• �i In and for the State of Washington,
Residing at 5 pok m,_
° + My appointment expires: 2-L3-25
v11220v'
5. 210 S'
, N
������11WAS\\` ��`�
EXHIBIT B-1
A parcel of land being a portion of the East half of the North half of Tract 115 of Opportunity, recorded
in Volume "K" of Plats, Page 23, Records of Spokane County, located in the Southwest Quarter of the
Southeast Quarter of Section 16,Township 25 North, Range 44 East of the Willamette Meridian,
Spokane Valley,Spokane County, Washington and more particularly described as Follows:
The South 10.00 feet of the North 19.00 feet of Lot 2, lying West of Lot 1 as shown on Book 135 of
Surveys, Page 58, Records of Spokane County,Washington
As depicted on Exhibit D
130.74' N89'51'06"E cn
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S89'41'38' W 195.88'
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m O N EASEMENT 1
m 9' ROW
DEDICATION
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DEDICATION a,
241.28' o < 35.53' ' J
241.36' N ' 35.45'
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N - - - - - - , } - - 35.38' II �
1 - - — 241.47' i — - - 35.31' 1
t
241.50' t N89'55'S1"E f
ALKI AVENUE