7372648Easement-DrainageEGE-2024-0043KiernanAvenue 7372648 09/16/2024 03:03:26 PM
AFTER RECORDING RETURN TO: Rec Fee: $309.50 Page 1 of 7
City of Spokane Valley Easement SIMPLIFILE LC E-RECORDING
City Clerk Spokane County Washington eRecorded
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Document Title: Drainage Easement
Grantor(s): Kaiser Aluminum Washington,LLC
Grantee: Government, City of Spokane Vall y
Abbreviated LegalDescription: St 1!4 3-25-44, NE 1/4 and SE1/4 2-25-44 and NE 1/4 11-25-44
P All lots of Resurvey of Bracht's Subdivision
Full Legal description is located in Exhibit A
Assessor's Tax Parcel Number(s): 45116.9040
CITY OF SPOKANE VALLEY
Public Works Department
Spokane Valley,Washington
DRAINAGE EASEMENT
IN THE MAl-1'bR OF KIERNAN AVENUE,Project File No.EGR-2024-0043,KNOW ALL
MEN BY THESE PRESENTS, that the Grantor,KAISER ALUMINUM WASHINGTON,
LLC,a Delaware limited liability company, for and in consideration of mutual benefits,the
receipt of which is hereby acknowledged,warrants and conveys to the CITY OF SPOKANE
VALLEY, a municipal corporation of the State of Washington, a DRAINAGE EASEMENT
over,upon, and across the following described and depicted real property,situated in the City of
Spokane Valley, Spokane County, State of Washington (the"Easement Area"), to-wit
See attached Exhibit A
The Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its
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4889-4971-3882.2
P P Pvrica Tay Pvamnt_ Plata- Q/1G;/9(19d 9•FG;•9F PM - Cnnkana Cminty Traac- RV• IVV
7372648 Page 2 of 7 09/16/2024 03:03:26 PM
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 Easement Area,
including but not limited to disposal into a drainage facility located within the same above-
described Easement Area. 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
Easement Area. The Grantor(s) or their successors in interest agree that the City of Spokane
Valley has no responsibility for maintaining this Easement Area.
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 the Easement
Area,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 the Easement Area. In addition, the Grantor(s) or their successors
in interest agree to and,shall maintain the Easement 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 Easement Area 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,at its sole cost and expense,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 solely out of or in any way incident to or attributable to the stormwater drainage and/or
runoff within the Easement Area.
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,
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successors and assigns. No modification of this Drainage Easement or the boundaries of the
Easement Area can be made without prior approval of the City of Spokane Valley.
[The remainder of this page is left intentionally blank.]
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4889-4971-3882.2
GRANTOR:
KAISER ALUMINUM WASHINGTON,LLC,
a Delaware limited ' ility c pany
By:
Name: -
Its: 6'G'P`8—G
STAFF. OF TENNESSEE )
) ss.
COUNTY OF 11kc mSoh )
On this (rth, day of Steith4C4r. , 2024, before me personally appeared
Atak to me known to be the eve CFO of Kaiser Aluminum
Washington, LLC, the limited liability company that executed the foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said limited liability company.
In Witness Whereof,I have hereunto set my hand and affixed my official seal the day and
year first above written.
•STATE OF mo o
TENNESSEE ? =NOTARY ' (print notary's name)
PUBLIC • = Notary Public in and for the State of Tennessee,
, '•. ���`oti residing at Ftb n�•l\r, Te�nnesse-4;3 �
c�''ii;�gMsoN���``��ti'�► Mycommission expires: 5 A 1-a ba 9
•
o anollito► h p
�A`f/ssIoN EXP►R�S
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4889-4971-3882.2
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GRANTOR:
KAISER ALUMINUM WASHINGTON,LLC,
a Delaware limited ility c pany
By:
Name:
Its: gV'P�-C-
STATE OF TTENNESSEE )
) ss.
COUNTY OF W,lko.mSoh
On this Oh h day of S c f iew Ae r , 2024, before me personally appeared
VS �,*Aral � to me known to be the .WF'(C. O of Kaiser Aluminum
Washington, LLC, the limited liability company that executed the foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said limited liability company.
In Witness Whereof,I have hereunto set my hand and affixed my official seal the day and
year first above written.
0
��g1NININbN� . jC __
STATE OF ' A+
NOTARYv Cki N� O jC
TENNES _ (print notary's name)
pUBUC Notary Public in and for the State of Tennessee,
•
4"..� �•��° residing at F(17►�k.�irti TtxnhGOSG�- •
l �. i ..
�gMSONC.1/4j �rc My commission expires: 5 IA I- a
'SSIQN EA.-4k"
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4889-4971-3882.2
GRANTEE:
CITY OF SPOKANE VALLEY,
a municipal corporation of th State of Washington
By:
Name: kJ,LL/ "s, 1
Its: f-8[Ic �,t �,es //26-e-720/Z
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4889-4971-3882.2
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GRANTEE:
CITY OF SPOKANE VALLEY,
a municipal corporation of th State of Washington
By: G1
Name: 1 4
Its: f�' 87�� L A.rs //2 TOME
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4889-4971-3882.2
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DURYEA
°`" ssoci"TES EXHIBIT"A"
Surveying and Mopping to Drainage Easement
August 16,2024
Job No. 23-3446
LEGAL DESCRIPTION FOR AN EASEMENT
FOR STORM DRAINAGE PURPOSES
All that certain real property situate in the City of Spokane Valley, County of Spokane, State of
Washington, being a portion of the West one-half of the East one-half of Section 2, Township 25
North, Range 44 East, Willamette Meridian being described as follows:
BEGINNING at the East one-quarter corner of Section 2, Township 25 North, Range 44 East,
Willamette Meridian;thence along the East line of the said Section 2, South 00°35'56"East 709.83
feet to the easterly extension of the South line of Kiernan Avenue;thence along said South line,and
easterly extension thereof,North 89°50'00"West 1322.60 feet to the East line of the West one-half
of the of the East one-half of said Section 2;thence along said East line,North 00°32'40"West 55.00
feet to the TRUE POINT OF BEGINNING of this description;thence along said East line,North
00°32'40"35.00 feet;thence leaving said East line,North 89°27'20"West 18.00 feet;thence South
00°32'40"East 35.00 feet;thence South 89°27'20"East 18.00 feet to the said true point of beginning
of this description, containing 630 square feet of land,more or less.
GagLt 04,_
Prepared by: • . '4. 'ao��
h $ i
� y �
Mitchell Duryea ; :+ o •
PLS 33658 4 ;
Expires: 9/17/25 ; S>°k�t ," t
August 16, 2024
7372648 Page 7 of 7 09/16/2024 03:03:26 PM
BURUNGTON NORTMERN RAILROAD
iPOINT OF BEGINNING I
"} E 1/4 CORNER
APN 45021.9006 SECTION 2
T. 25 N., R. 44 E. WM
1"=300'
i APN 45024.9028 N
01 ''tic a
M �Z re o
�N Z N
O
CC N~ >I
\N 3 s
L3 N M
0
14,
L4 KIERNAN AVE. i 8
L5 A\ — — — i
L1 / TRUE POINT OF N89'50'00'W 1322.60' 'I
BEGINNING
E 1/2 E 1/2 SEC. 2 •--
ROS 46/14
�E O
UNE TABLE s \,�G a Way/CN
UNE BEARING DISTANCE 1 4 4- Nc9 r
L1 NO0'32'40"W 55.00' 4 (.7 > o= i
12 NO0'32'40'W 35.00' i A' i
L3 S89'27'20'W 18.00' 41; 0.4 �,
IP
L4 SOO'32'40'E 35.00' Sio sTE °wQ`
IP
L5 N89'27'20'E 18.00' I 41g1. LAND
#4
AUGUST 16, 2024
PLAT TO ACCOMPANY THE DESCRIPTION CO
OF AN EASEMENT
FOR STORM DRAINAGE DURYEA & ASSOCIATES
SPOKANE VALLEY, WA 2702 N.Perry Street
Spokane.WA 99207
JOB NO. 23-3446
REV. 8/14/24
4717 South 19th Street, Suite 101
CHICAGO TITLE Tacoma, WA 98405
Phone: (253)212-4000/Fax: (866)671-3915
COMPANY OF WASHINGTON
NATIONAL COMMERCIAL SERVICES
City of Spokane Valley Date: October 15, 2024
City Clerk Escrow No.: 233711-NCS-SA
10210 E. Sprague Avenue Buyer(s): Prestige EMC LLC
Spokane Valley, WA 99206 Seller(s): Kaiser Aluminium Washington, LLC
Property: Vacant Land
Spokane Valley, WA 99216
City Clerk,
In regards to the above closing please find enclosed the following document:
Original Recorded Drainage Easement
Let me know if you have any questions.
Sincerely,
Shelley Anderson
Commercial Escrow Officer and Assistant Vice President
shelley.anderson@ctt.corn
sa
Blank Letter-Escrow Printed: 10.15.24 @ 03:10 PM by SA
SSCORPD0294.doc/Updated: 08.26.10 Page 1 WA-CT-FBCM-02150.620751-233711-NCS