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5512161 Easement, Border: Mansfield AveAfter Recording Return To: Spokane County Engineer's Office Attn.: Right of Way Department 1026 West Broadway Avenue Spokane, WA 99260 -0170 59 tOtb - r 1 1 1 III 5 'CKnNE Cu E lip NEERIIIG Document Title: Easement Grantors: Nunley, Dwayne A. and Kelly J. Grantee: Government, City of Spokane Valley Legal Description: Portion of Tract C, Short Plat 95 -1016 Vol. 13, page 22,23 Additional Legal Description: See Page 1 Assessor's Tax Parcel Number: 45094.0527 CITY OF SPOKANE VALLEY DIVISION OF ENGINEERING Spokane County, Washington BORDER EASEMENT IN THE MATTER OF MANSFIELD AVENUE RF NO. 2112 KNOW ALL MEN BY THESE PRESENTS, that the Grantors Dwayne A. Nunley and Kelly J. Nunley, husband and wife for and in consideration of Mutual Benefits, grants to the City of Spokane Valley, a political subdivision of the State of Washington, an easement to use the following described real estate, situated in Spokane County, State of Washington, to -wit: AFFECTS ASSESSORS PARCEL NO.: 45094.0527 1 11 1 10.00 1 R. E. Excise Tax Exempt Date 3- .2I 2007 Spokane County Treas. By 5512161 Page: 1 of 2 03/22/2007 03:208 Spokane Cu, WA That portion of Tract C of Spokane County Short Plat 1016 -95, according to Plat recorded in Volume 13 of Short Plats, Pages 22 and 23, City of Spokane Valley, County of Spokane, State of Washington lying southerly of the following described line: BEGINNING at a point on the cast line of said Tract C, 32.00 feet north of measured at right angles to the proposed centerline of Mansfield Avenue as per survey recorded under Spokane County Auditor's recording No. 5497724, Book of Surveys 126, Page; thence S87 °15'46 "W a distance of 88.42 feet more or less to a point opposite proposed centerline station 12 +25.68 based on said record of survey; thence N86 °28'30 "W a distance of 15.67 feet more or less to the west line of said Tract C the terminus of the hereinabove described line. Located in the southeast quarter (SE 1 /4) of Section 9, Township 25 North, Range 44 East, W.M., City of Spokanc Valley, County of Spokane, State of Washington. The casement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents, and to the public for road purposes, including but not limited to curbs, sidewalks, drainage, signage and other usage deemed necessary by the City of Spokane Valley Division of Engineering for the safety and welfare of the public. No fence or portion thereof will be constructed within said easement without permission of the City of Spokane Valley Division of Engineering, nor will any objects be placed in said easement that would obstruct the sight distance necessary for safe and efficient vehicular movement. Any other easements granted or dedicated within this easement area will be subordinate to the rights created by this easement and are subject to the City of Spokane Valley Division of Engineering permit process prior to usage. The easement and the agreements and duties provided for herein shall run with the land and shall be binding on the parties referenced herein, their heirs, successors and assigns. The City of Spokane Valley agrees to and shall install drainage facilities and sidewalk in the above described property according to the approved plans on file with the City of Spokane Valley Division of Engineering. The City of Spokane Valley or their successors in interest agree to and shall maintain in good repair the sidewalks and landscaping to be installed in such property. The City of Spokane Valley shall maintain all drainage inlets, grates, pipes, and drywells used for the disposal of public road drainage. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this // day of /Y/a!G1n ,2007. By liGvad-,6 Qhin& By: e ll/ G � 14eily J. Nunley STATE OF WASHINGTON COUNTY OF SPOKANE TERRI E HANSEN, STATE OF WASHINGTON NOTARY - -o-- PUBLIC , YrCtSasoN EXPIRES 9/1/201C Dwayne A. Nunley Dated this P f day of ALA re S IIII OKA E :0 Diu NEER NG ss , 2007. III EAs II NOTARY PUBLIC In and for the State of Washington, residing at Spokane. My appointment expires: IIIIII 55121.61 Fag 2of 03/22/200? 03:20A . 30.00 Spokane Co, WA I certify that I know or have satisfactory evidence that Dwayne A. Nunley and Kelly J. Nunley are the individuals who appeared before me, and said individuals acknowledged that they signed this instrument, and acknowledged it as their free and voluntary act, for the uses and purposes mentioned in the instrument. NEW ROW WAY LINE WITH ZONE CHANGE ENFORCED 1 INCH = 20 FEET AREAS WITH ZONE CHANGE: 10,491.69 S.F. - TOTAL PARCEL 520.00 S.F. - DEDICATION 9,971.69 S.F. - REMANDER EXISTING ROW LINE OFFICE OF SPOKANE COUNTY ENGINEER W. 1026 BROADWAY AVE. SPOKANE WA. 99260 477 -3600 C.R.P. No. 3016 MANSFIELD AVENUE MONTGOMERY AVE TO CHERRY ST ROW INFORMATION Spokane jValley March 12, 2007 Dwayne and Kelly Nunley 11715 East Mansfield, Spokane Valley, WA 99206 RE: Short Plat 1016 -95 Affecting Assessor Tax Parcel No. 45094.0527 The City of Spokane Valley acknowledges and accepts that the right of way conveyance has fully satisfied the following conditions for Mansfield Avenue /Wilbur Road, as set forth in Short Plat 1016 -95, and agreed upon in the Letter of Agreement executed between the City Spokane Valley and Dwayne and Kelly Nunley, dated January 30, 2007, and signed on January 30, 2007 by Dwayne and Kelly Nunley, and signed on February I, 2007 by Mr. Kersten. Conditions: as set forth in attached Exhibit "A" Said transaction has determined to be completed since all documents relating to this transaction have been approved by the Parties and all documents requiring validation are recorded in the Office of the Spokane County Auditor. The City of Spokane Valley now issues this letter of Satisfaction of Conditions to (property owner) specifically for only those conditions listed herein. The satisfaction of these conditions for road improvements will not relieve the property owner of any other conditions or requirements specified in the findings of fact for the zone change and /or short plat affecting the above described property. CITY OF SPOKANE VALLEY ` \ Neil Kersten, Public V rks Director Received by: ' Dwayne Nunley 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 • Fax (509) 921 -1008 • cityhall @spokanevalley.org Date -1/ia /o 7 Dat Spokane jValley Dwayne and Kelly Nunley 11715 East Mansfield Ave Spokane Valley, WA 99206 RE: Short Plat 1016 -95 Affecting Assessor Tax Parcel No. 45094.0527 WE do hereby voluntarily agree to convey a designated portion of our property as right of way to the City of Spokane Valley provided that the City agrees to acknowledge and accept that the right of way conveyance will fully satisfy the following conditions for Mansfield Avenue /Wilbur Road, as set forth in Short Plat 1016 -95. Conditions: as set forth in attached Exhibit "A" The satisfaction of these conditions for road improvements will not relieve the property owner of any other conditions or requirements specified in the findings of fact for the zone change and/or short plat affecting the above described property. Said transaction shall be determined to be completed once all documents relating to this transaction have been approved by the Parties and all documents requiring validation are recorded in the Office of the Spokane County Auditor. At such time the City of Spokane Valley will issue a letter of Satisfaction of Conditions to the property owner specifically for only those conditions listed herein. PROPERTY OWNERS r 41 047 I 0 —(7 Dwayne Nunley Date /e ms � o 9 Kelly Y N ul3lts — Date CITY OF SPOKANE VALL$Y Neil Kersten, AIA'/ Public Works Dir for 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 • Fax (509) 921 -1008 • cityhall @spokanevalley.org January 30, 2007 2-1-07 Date