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Home My WebLink About7446067 Easement, Access N Progress and N Forker10/09/2025 10:19:34 AM Recording Fee $308.60 Page i of 6 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington 7446067 AFTER RECORDING RETURN TO: CITY OF SPOKANE VALLEY CITY CLERK 10210 E. Sprague Ave. Spokane Valley, WA 99206 Document: Access Easement No: PE-1206-78 8' Add. Grantor: City of Spokane Valley Grantees: Summerfield East Homeowners Association Abbreviated Legal Description: Ptn. Of SEl/4, NEU4, and NWl/4, Sec. 35, T. 26N, R44 EWM Complete Legal Description on Page 4 Tax Parcel Number(s): 46354.9150, 46355.9151, 46351.9143, 46352.9149 This easement replaces and supersedes original access easement signed October 8, 2019, under auditors recording number 6851969, dated October 10, 2019. ACCESS EASEMENT KNOW ALL PERSONS by these presents that City of Spokane Valley, a Washington municipal corporation, hereinafter referred to as Grantor, for and in consideration of mutual benefits and for no monetary consideration, grants, dedicates, warrants and conveys to the Grantee, Summerfield East Homeowners Association, a Washington non-profit corporation, and it's successors in interest and assigns, a perpetual, non- exclusive easement depicted and described in Exhibits "A-1 and A-2" attached hereto and incorporated herein by this reference, for the purposes of ingress and egress, along and to the drainage channel and drainage pond described in Exhibit "B" attached hereto and incorporated herein by this reference. This easement is subject to an easement in favor of The United States of America for transmission line right of way dated August 25, 1942 and recorded in the real estate records of Spokane County, Washington under Spokane County Auditors No. 572309A. The Access Easement also allows stormwater drainage and/or runoff over and across the above- described real property, the Grantor's property, into the Grantee's drainage system which is adjacent to and west of the Grantor's property. The Grantor and Grantee 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 Grantee or its successors in interest hereby agree to having complete and total responsibility for the construction and perpetual maintenance of all-weather access extending across and along this Easement including accesses to Forker Road and Progress Road at each end of the easement. At a minimum, all-weather access for the extent of the d. co CAS �lV! W UJ ac cc W I— easement including public road access shall be restored and maintained by end of September each year in anticipation of winter storms. The Grantee or its successors in interest agree that the City of Spokane Valley has no responsibility for maintaining this Easement or the facilities within. If the Grantee or its successors in interest fail to maintain said facilities, a notice of such failure may be given to the Grantee or its 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 Grantee or its successors in interest. Such expenses, if not paid within 60 days of notification, may be filed with the County Auditor as a lien against Grantee's adjacent real property. The Grantee or its 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. DATED this S day of ACCEPTED: , 2025. Grantor: CITY OF SPOKANE VALLEY By: Its: Grantee: SUMMERFIELD EAST HOMEOWNERS ASSOCIATION By: .� Title: (-e5 STATE OF WASHINGTON ) )ss. County of Spokane ) I certify that I know or have satisfactory evidence that Rc.6 rt NeGan , known to be the %ytC. of the City of Spokane Valley, the municipal corporation that executed the foregoing instrument to be the voluntary act and deed of said City of Spokane Valley for the uses and purposes herein mentioned, and on oath stated he/slaa was authorized to execute the said instrument. DATED this 16 day of OC�t�-e(- 2025. CANDICE P HENDERSON NOTARY PUBLIC #191323 STATE OF WASHINGTON COMMISSION EXPIRES APRIL 9, 2029 . NOTARY PUBLIC In and for the State of Washingtoni Residing at S } 6(&V1e My appointment expires: Dt� \ !RT (�� Exhibit A- I Legal Description of Access Easement AN ACCESS AND MAINTENANCE EASEMENT OVER AND ACROSS THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, T.26N., R.44 E.W.M., LYING NORTHERLY OF SUMMERFIELD EAST FOURTH ADDITION AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF PROGRESS ROAD WITH THE NORTH LINE OF LOT 1, BLOCK 16 OF SUMMERFIELD EAST THIRD ADDITION, AS RECORDED IN BOOK 18 OF PLATS, PAGE 31 IN SPOKANE COUNTY, WASHINGTON; THENCE N4505715"W, ALONG THE NORTHERLY LINE OF SAID LOT 1 AND THE SOUTHWESTERLY LINE OF A 500 FOOT WIDE POWER LINE EASEMENT, PER ASSESSOR'S FILE NUMBER 572309A, A DISTANCE OF 781.38 FEET; THENCE N44°49'30"E, 189.45 FEET; THENCE N12035'46"W, 45.78 FEET; THENCE N46°50'48"W, 47.54 FEET; THENCE N72°42'42"W, 37.95 FEET; THENCE S87°11'33"W, 154.51 FEET; THENCE S45°40'03"W, 13.87 FEET; THENCE N67.38-21 "W, 108.75 FEET TO A POINT 30 FEET NORTHEAST, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT; THENCE N45°57'15"W, PARALLEL WITH SAID SOUTHWESTERLY LINE, 517.93 FEET; THENCE S84°56' 18"W, 13.23 FEET TO A POINT 20 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT; THENCE N45°57'15"W, PARALLEL WITH SAID POWER LINE EASEMENT, 809.90 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FORKER ROAD, WHICH IS A POINT ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2894.77 FEET, A RADIAL LINE FROM THE CENTER OF SAID CURVE BEARS S38058'46"E; THENCE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 0°23'55" AN ARC DISTANCE OF 20.14 FEET; THENCE S45°57'15"E, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT, 798.35 FEET; THENCE N84°56' 18"E, 13.23 FEET; THENCE S45°5715"E, 523.24 FEET; THENCE S67°38'21 "E, 78.83 FEET; THENCE N87° 11'33"E, 183.54 FEET; THENCE S72°42'42"E, 46.09 FEET; THENCE S46°50'48"E, 58.30 FEET; THENCE S12°35'46"E, 62.89 FEET; THENCE S44049'30"W, 86.87 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST AND HAYING A RADIUS OF 92.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 90°46'45", AN ARC DISTANCE OF 145.76 FEET TO A POINT 20 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT; THENCE S45°57'15"E, PARALLEL WITH SAID SOUTHWESTERLY LINE, 654.11 FEET TO THE WESTERLY RIGHT OF WAY LINE OF PROGRESS ROAD; THENCE S02°20'33"E, ALONG SAID RIGHT-OF-WAY LINE, 29.00 FEET; THENCE N45057'15"W, 7.24 FEET TO THE POINT OF BEGINNING. Exhibit A-2 Depiction of Access Easement �C{ ct1 4 00 Ci CIF 1 /4 SE 1/4 OF s \ NW 1 /4 ,y CENTER or 591 L;q S6C11CN 35 — 'ra%� OF St 1 /'4 < L55 ts4 L44 LINE TABLE LINE LENGTH BEARING L37 809.90 • 57'1 'w L 38 79e, 35 L39 13.23 4 1$^ L40 523.24 L41 78.83 67 1' L4Z 183.54 N 71T' L43 i5,D9 7 '4 '42•, L44 SS.30 + - L45 62.5V 1 •# » L 46 86.87 44'4 ' " L47 654.11 N4 L 48 29.00 "w L44 7.24 N45%7115.w Lao 781 38 1 -w L91 189,45 -W L52 45-78 L53 47.54 51AM2 48'E L54 37.45 .E L55 154.51 N 7 t t'. 3'E L5S 1a 67 M4 '4 ' "E L57 108.75 'GT'. 1'F L38 517.93 N&, 7'1 l'39 f3.23 8• 1G'' CURVE TABLE EASEMENT EXHIBIT - ACCESS EASEMENT TO POND AND CHANNEL IN SECTION 35, T.25 N,. R_44 E.W.M, rou..ai! .4ag fH 4?1'bpson EngineBTS, I=, 14 COAL ENiGINEERs & LAND SUR41tYORS 76 hl 949 ARG014114E R13AP, SPOKANE VALLEY Vpk, PHONE (5") "6-1322 FAX CIM) SM-1322 Exhibit B Legal Description of Drainage Channel and Drainage Pond THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, T.26N., R.44 E.W.M., LYING NORTHERLY OF SUMMERFIELD EAST FOURTH ADDITION AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF PROGRESS ROAD AND THE NORTH LINE OF LOT 1, BLOCK 16 OF SUMMERFIELD EAST THIRD ADDITION, AS RECORDED IN BOOK 18 OF PLATS, PAGE 31 IN SPOKANE COUNTY, WASHINGTON; THENCE N45°57'15"W, ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 148.87 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE CONTINUING N45057'15"W, ALONG THE SOUTHWESTERLY LINE OF A 500 FOOT WIDE POWER LINE EASEMENT, PER ASSESSOR'S FILE NUMBER 572309A, A DISTANCE OF 370.59 FEET TO THE INTERSECTION OF SAID SOUTHWESTERLY POWER LINE EASEMENT WITH THE SOUTHEASTERLY PROPERTY LINE EXTENDED OF LOT 1, BLOCK 18 OF SUMMERFIELD EAST FOURTH ADDITION, PER PLAT RECORDED IN BOOK 28 OF PLATS, PAGE 21 AND 22, SAID POINT IS ALSO THE TRUE POINT OF BEGINNING; THENCE S41°03'40"W, ALONG SAID EXTENSION, A DISTANCE OF 60.34 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 1, BLOCK 18 OF SUMMERFIELD EAST FOURTH ADDITION; THENCE THE NEXT SIX COURSES AND DISTANCES ALONG THE NORTHERLY LINE OF SAID SUMMERFIELD EAST FOURTH ADDITION: 1) N38°53'31 "W A DISTANCE OF 30.00 FEET; 2) N26°46'44"W A DISTANCE OF 106.63 FEET; 3) N39°21'13"W A DISTANCE OF 52.37 FEET; 4) N66°05'35"W A DISTANCE OF 49.94 FEET; 5) N75°24'48"W A DISTANCE OF 103.23 FEET; 6) S87°07'52"W A DISTANCE OF 286.96 FEET TO THE NORTHWEST CORNER OF LOT 6, BLOCK 18 OF SAID SUMMERFIELD EAST FOURTH ADDITION; THENCE NO2°50'34"W A DISTANCE OF 116.97 FEET; THENCE N87°09'26"E A DISTANCE OF 197.34 FEET; THENCE N02050'34"W A DISTANCE OF 101.04 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT; THENCE N45°57' 15"W, ALONG THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT, A DISTANCE OF 1389.53 TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FORKER ROAD WHICH IS ALSO A POINT ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2894.77 FEET. THE RADIUS POINT OF SAID CURVE BEARS N38°34'50"W; THENCE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 00023'56", AN ARC DISTANCE OF 20.16 FEET; THENCE S45°57'15"E, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID POWER LINE EASEMENT, A DISTANCE OF 809.90 FEET; THENCE N84°56'18"E A DISTANCE OF 13.23 FEET; THENCE S45°57'15"E, PARALLEL WITH SAID POWER LINE EASEMENT, A DISTANCE OF 517.90 FEET; THENCE S67°38'21 "E A DISTANCE OF 108.72 FEET; THENCE N45°40'03"E A DISTANCE OF 13.87 FEET; THENCE N87011'33"E A DISTANCE OF 154.51 FEET; THENCE S72°42'42"E A DISTANCE OF 37.95 FEET; THENCE S46°50'48"E A DISTANCE OF 47.54 FEET; THENCE S12°35'46"E A DISTANCE OF 45.78 FEET; THENCE S44°49'30"W A DISTANCE OF 189.42 FEET TO THE SOUTHWESTERLYLINE OF SAID POWER LINE EASEMENT; THENCE S45°57'15"E, ALONG SAID POWER LINE EASEMENT, A DISTANCE OF 262.83 FEET TO THE TRUE POINT OF BEGINNING.