Loading...
7388436Easement-DrainageEGR-2021-0010 12/10/2024 01:57:57 PM 7388436 Recording Fee $306.S0 Page 1 of 4 Easement CITY OF SPOKANE VALLEY Spokane County Washington 11111111111111111111111111111111111111111111111111111111111111 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): TMJS SPOKANE LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: Portions of the SE 1/4 of the NE 1/4 of the SW 1/4 of Sec 3, T 25 N, R 43 E, W.M. Assessor's Tax Parcel Number(s): 35233.9197 and 35233.9198 CITY OF SPOKANE VALLEY Public Works Department Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Carnahan Road,Project File No. EGR-2021-0010,KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),TMJS SPOKANE 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 Exhibits A-1 and A-2 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 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 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 1 41 day of D eceti► vC•c— ,20 141. Grantor(s): / 44 Ai �r Grantee: �t 0(- S o av'-f UGc 1141 By: Tom Hamilton By: ) t&'uL Title: Managing Partner Title: Vt /V c ArW n oS hs..6 STATE OF WASHINGTON ) )ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that O S'nc,( ,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 1.0 date of bar , 20z`{ 0S,S TO p * r ,F NOTA PUBLIC 2 ti? Icya%p In and for the State of Washington, t NOTARY t: = Residing at 5(,, cat C . a, PUBLIC .Z My appointment expires: Iv -3 -Z 7 ..• No. 6 . ",,,0/WASNA\\\\,` EXHIBIT A-1 20 Foot Easement A strip of land being a portion of Parcels A and B as shown on the Record of Survey, recorded in Book 196 of Surveys at Page 8, Records of Spokane County, Washington, lying in the Northeast One-Quarter of the Southwest One-Quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, City of Spokane Valley, Spokane County, Washington, and more particularly described as follows: A strip of land being 20 feet wide, 10 feet on each side of the following described centerline: Commencing at the southeast corner of said Parcel B, being the intersection of the North Right-of-Way of 12th Avenue and the West Right-of-Way of Carnahan Road, also being a 1/2 inch rebar with plastic cap marked "SIMPSON 9967" from which the northeast corner bears North 00°09'44" East 661.74 feet; thence along the North Right-of-Way of 12th Street, North 89°25'24" West 312.92 feet to the True Point of Beginning; thence leaving the North Right-of-Way of said 12th Street and along the following eight (8) courses: 1) North 62°16'08" West 95.62 feet; 2) North 39°55'52" West 85.11 feet; 3) North 23°20'52" West 281.22 feet; 4) North 32°27'49" West 123.21 feet; 5) North 58°20'46" West 92.73 feet; 6) North 79°06'23" West 96.93 feet; 7) North 00°53'00" East 53.25 feet; 8) North 89°35'56" West 152.54 feet to the West line of the East One-Half of the Southwest One-Quarter of the Northeast One-Quarter of the Southwest One- Quarter of said Section 23 being the West line said Parcel A, also being the Point of Terminus; the exterior lines of the aforementioned strip of land are measured perpendicular to the center line and at angle points; the exterior lines are lengthened and/or shortened as required to preclude any gaps within said easements. as depicted on EXHIBIT A-2. �ALOC Yr : i://.44, ri.,._, .'•:\ :. • , c: Iv ..x. .4. .z : . 4k. 1 ,.., ,, ,. . .i? ; ..1 55829 °NAL At39s ', Z , A.; 8TH AVENUE — i CENTER QUARTER f II I L CORNER OF SECTION 23 FOUND 31NCH BRASS CALCULATED POINT W CAP ILLEGIBLE NOTHING FOUND OR Q W SET(TYP) 1 tcj 10TH AVENUE co \ ` 1 N89�35'56"W 19.00 S`i A1,19;,,,, d 152. 4' "� OF ,if-• -f—_——.1 45Nk N00°53'00'E �',\ \r POINT OF , 1....53.25' !, ` TERMINUS N79°06'23"W \ N32°27'49"W 20!y (i ccoo N58°20'46'W \ `VG�� �p\e 1'T4%\ 55829 92.73' \\ CO '�� W ��ISfE 0 10r �� Q l�. " rr,�• s •WEST LINE OF THE 20 ` O 1.A11 F.o EAST HALF OF THE �, — PARCEL B - `J� 0 o SW 1/4 OF THE NE 1/4 910 S. CARNAHAN ROAD o co zN, OF THE SW 1/4 OF 10' PARCEL 35233.9190 Z SECTION 23 I Z IN cc co N23°20'52"W \ U 281.22' 0 PARCEL A \\ FOUND 1/2 INCH REBAR NV f 0 S. CARNAHAN ROAD N62°16'08"W r WITH PLASTIC CAP MARKED PARCEL 35233.9197 N39°55'52"W \ 95.62 I "SIMPSON 9967"(TYP) 85.11' 30.00' 643.99' .` Q 312.92' GRAPHIC E N89°25'24"W 986.91' 12TH AVENUE i' i FOUND 3/8 INCH MAG NAI SOUTH LINE OF THE TRUE POINT 0 50 100 WITH WASHER MARKED NE 1/4 OF THE SW 1/4 OF BEGINNING I SCALE: 1" "LANDTEK 38757' PROJECT NO.: 19-2361EXHIBIT A-2 DATE: 12/03/24 LiWC DRAFTED BY: EJW REVIEWED BY: WAL DRAINAGE PIPE AND SCALE: 1"=200' UTILITY EASEMENT WHIPPLE CONSULTING E 21 S.PINES ROA CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WA SPOKANE VALLEY,WA T. 25 N. -R.43 E.-S.23 PH:509-893-2617 FAX:50