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7388435Easement-DrainageEGR-2021-0010 4 12/10/2024 01:57:57 PM 7388435 Recording Fee $306.50 Page 1 of 4 Easement CITY OF SPOKANE VALLEY Spokane County Washington 111311111111111111111111111111111111111111111011111 1111111111111 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: A Portion of the SE1/4 of the NE1/4 of the SW1/4, Except the 132.36 of the West 329.10 feet thereof,and Except Carnahan Road, and Expect that portion, if any, lying within loth AVE and Except that portion,of any. lying within 12th AVE, Sec 23, T 25 N,R 43 E, W.M Assessor's Tax Parcel Number(s): 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 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 /C>' day of pCcC ' ? Cc- ,20Ztt. 0 Grantor(s): Grantee: � �0 Spoicare 1i&U By: By: AILI►'L GYZe Title: 0/ Title: C( Vt C.€o> I vv,i vi l S 6xf /7 STATE OF WASHINGTON ) )ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that \c t v.,N., "t4 , 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 t b date of c, ,...10N , 20 ZN . �,..`Q.•.,;EZP'°o;S�,L NOTA PUBLIC ?:Ups �o;�O In and for the State of Washington, - ~- 2 NOTARY w • Residing at S Q ule..,•'-e C E.)w. ky PUBLIC ^ i z My appointment expires: t U -3 7 N-- D 1�.^•'ham` 0I,, OF�WAS%.0%% EXHIBIT A-1 Access and Storm Drainage Easement A parcel of land being a portion of Parcel 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: Commencing at the northeast corner of said Parcel B being a found 1/2 inch rebar with a plastic cap marked "SIMPSON 9967" from which the southeast corner of said Parcel B bears South 00°09'44" West 661.74 feet; thence along the South Right-of-Way of 10th Avenue, North 89°26'20" West 18.00 feet to the True Point of Beginning; thence leaving the South Right-of-Way of said 10th Avenue, South 00°09'44"West 108.64 feet; thence South 89°50'22' East 9.00 feet; thence South 00°09'44" West 118.10 feet; thence South 89°57'20" West 53.08 feet; thence North 48°46'34" West 2.47 feet; thence North 05°42'08" West 27.48 feet; thence North 06°24'10" East 52.64 feet; thence North 37°50'31" East 24.49 feet; thence North 56°22'45" East 3.61 feet; thence North 08°16'52" West 33.60 feet; thence North 00°09'19" East 91.25 feet to the South Right-of-Way of 10th Avenue; thence along the South Right-of-Way of said 10th Avenue, South 89°26'20" East 30.00 feet to the True Point of Beginning: said parcel containing 9,336 square feet of land more or less; as depicted on EXHIBIT A-2. 0►' TALI4 ,-.....o 1ii i� k A." C,; Orr 'c6- 55829 % A�1SE S mi., r Jc------ 8TH AVENUE CENTER QUARTER CORNER OF SECTION 23 �,. FOUND 3 INCH BRASS CAP ILLEGIBLE 10TH AVENUE CALCULATED POINT NOTHING FOUND OR SET(TYP) NORTHEAST CORNER OF PARCEL B ROS 7253233 VOL. 196 OF SURVEYS,PG.8 ir, N. TRUE POINT OF BEGINNING N89°26'20"W Aco A 78.00' N A 30.00' 18.00' 30.00' II I FOUND 1/2 INCH I--.-- 30' -0 1 REBAR WITH PLASTIC CAP MARKED II I "SIMPSON 9967"(TYP) rn 1 �I~ I 9' ill �1 10'r-- °) 19' I 0 48' --I 910 S. CARNAHAN ROAD 0o I- PARCEL 35233.9190 Z 1 coo N. I2 CO I I� cc Io 0 °0 5J�1 I c I Q I PROPOSED 9' '- ON 6 � I BORDER Z 49 p\Cb i 1 EASEMENT Q G0 �� % I 9.00'50'22'E U IM• A M a0 cZ I Z EXISTING 30' N37°50'31'E N56°22'45'E RIGHT 24.49' ) 3.61' -OF- WAY / N PROPOSED PARCEL B I 10'UTILITY EASEMENT col o W f E �' 9,336 SQ.FT. eo N' `� c" ' N GRAPHIC SCALE b "' imismil 0 I � 0 15 30 I ACCESS& SCALE: 1"=30' STORM o ' DRAINAGE I o EASEMENT o 0 N05°42'08'W r1.111111140 A . .L• 1��27.48' 1 /A i., ►1 I N48°46'34'W (001 ' ,�'. 2.47' • 4. S89°56'52'W 53.08' I / I ' b• _ SOUTHEAST CORNER ( ' -== OF PARrFI R_PC).0 72ri.Q2.T3