HomeMy WebLinkAbout7446069 Easement, Drainage N Sullivan10/09/2025 10:19:34 AM 7446069
Recording Fee $309,50 Page 1 of 7
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
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After recording return document to:
City of Spokane Valley
Attn: Community and Public Works Department
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document Title: Drainage Easement
Reference Number of Related Document:
Grantor: CPM Development Corporation
Grantee: City of Spokane Valley
Legal Description: Portion of Section 12, Township 25 North, Range 44 East of the
Willamette Meridian 5 w
Full Legal Description is in Exhibit A — Page 1 of 3, attached hereto
Assessor's Tax Parcel Numbers: Portion of 45123.9007
Portion of 45123.9008
CITY OF SPOKANE VALLEY
Public Works Department
Spokane Valley, Washington
DRAINAGE EASEMENT
The Grantor, CPM Development Corporation, for and in consideration of mutual benefits,
conveys and grants unto the CITY OF SPOKANE VALLEY, and its assigns, Grantee, a
DRAINAGE EASEMENT over, under, upon and across the hereinafter described lands for the
purpose of allowing construction, maintenance, and use of the easement area for public
stormwater treatment, storage, conveyance, and infiltration.
Said lands being situated in Spokane County, State of Washington, and described as follows:
1. A portion of Assessor's Tax Parcel Number 45123.9007 as described in the legal
description in Exhibit A — Pages 1 and 2 of 3, titled Drainage Easement A,
attached hereto and made a part hereof.
2. A portion of Assessor's Tax Parcel Number 45123.9008 as described in the legal
description in Exhibit A — Pages 1 and 3 of 3, titled Drainage Easement B,
attached hereto and made a part hereof.
The Grantor(s) or their successors in interest hereby agrees to provide continuous vehicle and
truck access to, over or on the above -described lands to the Grantee in order to construct,
R.EEXCIS TAX EXEMPT
Page t of (4) Pages DATE 6 2 0 2 -
SPOKA E OU TY TREAS. 0-F(_
DRAINAGE EASEMENT
maintain, clean, repair, and replace drainage appurtenances at the will and pleasure of the
Grantee. Grantee, at its sole cost and expense, shall promptly repair any damage to the
Grantor's above -described lands caused by Grantee's vehicle and truck access. Grantee, its
successors, assigns, employees, contractors, subcontractors, and agents shall not block the
ingress and egress of the Grantor's property during operating hours.
The Grantee accepts complete and total responsibility for the 2025 restoration of the stormwater
facilities located within said Drainage Easement. Grantee shall also be responsible to complete
future reasonable repairs and/or improvements, if any, that are needed to ensure the stormwater
facilities within said Drainage Easement meet minimum performance standards, but only to the
extent the need for such repairs and/or improvements does not arise out of Grantor's use of
Grantor's own property in violation of applicable law. This provision does not obligate Grantee
to perform ordinary maintenance, including but not limited to maintaining irrigation, live
ground cover, weeding, and mowing.
The Drainage Easement described herein shall run with the land. No modification of the
boundaries of said Drainage Easement can be made without the prior approval of The City of
Spokane Valley.
The substantially prevailing party in any lawsuit brought to enforce or interpret the terms of
this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in
said suit, including on appeal.
The Grantee, 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 Grantee 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 Grantee, and all of its officers,
employees and agents from any responsibility from any claim for inverse condemnation.
Grantee has inspected the easement area and accepts and takes the easement area in an "AS IS
- WHERE IS" condition with all faults apparent or latent. Grantee acknowledges that it has
knowledge of the condition and suitability of the easement area for Grantee's use of the
easement area. Grantor makes no representations or warranties of any nature whatsoever
Page 2 of (4) Pages
DRAINAGE EASEMENT
regarding the condition of the easement area or its suitability for Grantee's use of the easement
area.
To have and to hold the Drainage Easement unto the Grantee, subject to (a) easements,
restrictions, conditions, and covenants of record; (b) all legal highways; (c) zoning and
building laws, ordinances, rules, and regulations; and (d) any and all future liens for taxes and
assessments not yet due and payable. Expressly excluded from this grant are any and all rights
of way for access, ingress or egress, whether by way of necessity, implication or otherwise,
across, under or over adjoining properties of Grantor.
Grantee shall use the easement only for the purpose described above. Grantor reserves the right
to use the easement for any purpose and in any manner which does not interfere with Grantee's
use of the easement.
Grantee shall not use, store or dispose of hazardous chemicals upon the easement area.
Grantee assumes any and all risk in its use and enjoyment ofthis Drainage Easement and agrees
to release, indemnify, and hold Grantor, its officers, directors, employees and agents harmless
against any and all claims, suits, losses, costs, demands, damages, liabilities, expenses, and
causes of action of any kind, including the amount of any judgment, court cost, or legal fee
("Loss") incurred by one or any of them, when such Loss (a) is caused by the negligent or
otherwise legally culpable action(s) of Grantee, or Grantee's employees, officers, or agents,
and (b) arises out of or is related to either the rights and obligations under this Drainage
Easement, or the Grantee's use and enjoyment of, and or activities on, the easement area;
provided, however, Grantee shall have no obligation to defend, indemnify, or hold Grantor or
its affiliates harmless pursuant to this paragraph for claims or liabilities to the extent the same
are caused by the negligence or otherwise legally culpable action(s) of Grantor or Grantor's
officers, directors, employees, agents or contractors.' Moreover, Grantee is a body corporate
and politic of the State of Washington, and may have rights and defenses available under the
Washington law. Therefore, notwithstanding any other provision herein, Grantor agrees that
Grantee shall only be liable for damages to the extent permitted under the Washington law.
Nothing contained in this Drainage Easement shall be construed in any way to modify the
rights and defenses afforded to governmental entities set forth under Washington law. No
provision in this Drainage Easement shall supersede the protections contained under
Washington law or this paragraph. This provision shall survive any termination of this
Drainage 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.
Page 3 of (4) Pages
DRAINAGE EASEMENT
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
07 S day of
Grantor(s): l�1 �° ����'+� f ��N�./� Grantee: C-L-%j of SPo14a.Ndc Vr►.Lg-CVY
By: ��—' �6J�^ By:
Title: Cam. -/V- r , Title: P"Ibl-ic, wp¢V.S ozeec.-ro2
STATE OF WASHINGTON )
) ss
CITY OF SPOKANE VALLEY )
I certify that I know or have satisfactory evidence that So" n �a�e'n 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 J date of �' (�� ��� CY 20 2S.
NOTARY PUBLIC
STATE OF WASHINGTON
WHITNEY OLSON
COMMISSION NO. 22025616
COMMISSION EXPIRES 05/02/2026
Page 4 of (4) Pages
NOTARY PUBLI
In and for the State of Washington,
Residing at :�wcuyu ' UJA
My appointment expires: '�, 1 c9, l cam- fes
Exhibit A Page 1 of 3
DRAINAGE EASEMENT A
An easement for permanent drainage over, across and through a portion of Northwest
Quarter of the Southwest Quarter of Section 12, Township 25 North, Range 44 East,
Willamette Meridian, described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 12; thence
South 03022'43" East, along the West line of the Southwest Quarter, a distance of 1,346.57
feet; thence North 8603717" East, a distance of 71.00 feet to the East right of way of
Sullivan Road as described by right of way deed (auditor's file number 9205260432),
thence continuing, North 86037'17" East, a distance of 40.00 feet, thence North 03022'43"
West, a distance of 154.00 feet to the Point of Beginning of said easement;
Thence North 03022'43" West, a distance of 361.00 feet:
Thence South 86037'17" West, a distance of 40.00 feet to the East right of way of said
Sullivan Road:
Thence South 03°22'43" East, on said right of way, a distance of 361.00 feet:
Thence North 86'37'17" East, a distance of 40.00 feet to the Point of Beginning.
Containing 14,440 square feet, more or less
DRAINAGE EASEMENT B
An easement for permanent drainage over, across and through a portion of Southwest
Quarter of the Southwest Quarter (Government Lot 5) of Section 12, Township 25 North,
Range 44 East, Willamette Meridian, described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 12, thence
South 03022'43" East, along the West line of the Southwest Quarter, a distance of 1,346.57
feet; thence North 86037'17" East, a distance of 71.00 feet to the East right of way of
Sullivan Road as described by right of way deed (auditor's file number 9205260432),
thence continuing, North 86"37'17" East, a distance of 40.00 feet, thence South 03022'43"
East, a distance of 32.50 feet to the Point of Beginning of said easement;
Thence South 03022'43" East, a distance of 322.11 feet to the north line of Flora Pit Road;
Thence North 55019'43" West, on the north line of said Flora Pit Road, a distance of 50.80
feet to the East right of way of said Sullivan Road:
Thence North 03°22'43" West, on said right of way, a
distance of 290.81 feet:
Thence North 86'37'17" East, a distance of 40.00 feet to
the Point of Beginning:
Containing 12,258 square feet, more or less.
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