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HomeMy WebLinkAbout7375568Easement-DrainageEGR-2024-0044 10/01/2024 01:18:51 PM 7375568 Recording Fee $305.50 Page 1 of 3 Easement CITY OF SPOKANE VALLEY Spokane County Washington AFTER RECORDING RETURN TO: 11111111101111111011111011111111101111111111110111111101 11111011111 II I City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): Western Washington Coca-Cola Bottling LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: Portion of Lots 10-11; 14-17 BSP-86-15,NW 1/4 Sec 8, T 25 N, R 44 E Assessor's Tax Parcel Number(s): 45082.1859 CITY OF SPOKANE VALLEY Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Montgomery Ave and Woodruff Rd,Project File No.EGR-2024-0044. The following Drainage Easement supersedes portions of Storm Drainage Easement recorded on December 21, 1987,in Spokane County,Washington under Auditor's File Number 8712210202. KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Western Washington Coca-Cola Bottling 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, DRAINAGE EASEMENTS over,upon,and across the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington,to-wit: Drainage Easements over and across that portion of the Northwest Quarter(NW '/<)of Section 8, Township 25 North,Range 44 East,W.M., in Spokane County,Washington, for Binding Site Plan 86-15; filed under Auditor's File No. 8709110304,in Volume 1, Page 19, dated September 11, 1987, described as follows: The South 10 feet of the East 39 feet of the West 51 feet of Lot 10,Block 1; The North 10 feet of the East 39 feet of the West 51 feet of the Lot 11, Block 1. The following drainage easements located on Lots 14— 17,Block 1 have been deemed unnecessary for City drainage purposes;therefore,the City releases any interest in the easements and the easements are hereby extinguished: The East 10 feet of the South 60 feet of Lot 14,Block 1; The West 10 feet of the South 60 feet of Lot 15,Block 1; R.E.Excise Tax Exempt - ff Date toil 20 Z'1 Spokane County Treas. By �� The North 10 feet of the East 60 feet of Lot 16,Block 1; The South 10 feet of the East 60 feet;and the East 5 feet of Lot 17,Block 1. The Drainage Easements as shown hereon are 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 these Easements. 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 these Easements,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 these Easements. 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 these Easements. These Easements 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 these Easements 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 day of . , 20 7L4 Grantor(s): Grantee: �!� b F✓,�� ic/E-/`f�c-[-�� fit. �u r By: �I By: `� Title: Cry Title: ra Li' LK/O2 S b 11 7reZ_ lk+tat. STATE OF VAN fib' ) c,(,-(- L-Ve ) ss CITY OF S1'OKANE VALLEY ) I certify that I know or have satisfactory evidence that AVIcreA. Kwcde t I ,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 2'-I date of 5e GLt t.ICl- , 20 214 . r&C kiQ I s.; Brenda Brown NOTARY PUBLIC tit-a(,` iti' - 5 - QNotary Public, State of Utah In and for the State of Waslon, ''' Commission ff 736239 o,_Jo fly Commission Expires on0412t12o26 Residing at Sre l-f to(t e ot. .K _ _ _ _ _ _ _ _ - My appointment expires: 4 /! '2s-