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5901336 Easement, Drainage: BSP-03-03 Pinecroft/Mirabeau0 5/18/2010 02:10:56 PM Recording Fee $68.00 Page 1 of 7 5901336 Easement CITY OF SPOKANE VALLEY Spokane County Washington 1 1111111 111111 111 1111111111 11111111111111111111 oil 1111111 III 11111 411 11111 fill 1111 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Document Title: Drainage Easement Grantor(s): Pinecroft, LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: A PORTION OF LOT 1, BLOCK 2, BINDING SITE PLAN BSP- 03 -03, PER PLAT THEREOF RECORDED IN BOOK 2 OF BINDING SITE PLANS, PAGES 68 -71, LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M. Assessor's Tax Parcel Number(s): 45033.0701; 45033.0702; 45033.0719 Reference Number: BSP -03 -03 Final Binding Site Plan of Pinecroft Business Park (North) CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Pinecroft Business Park/Mirabeau Parkway Drainage Easements (City of Spokane Valley Project No. BSP- 03 -03 hereinafter referred to as the "project ") The following drainage easement supersedes the drainage easement recorded on January 14, 2010 in Spokane County, Washington under auditor's file number 5867563. KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Pinecroft, 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, an 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: DRAINAGE EASEMENT A: A PORTION OF LOT 1, BLOCK 2, BINDING SITE PLAN BSP- 03 -03, PER PLAT THEREOF RECORDED IN BOOK 2 OF BINDING SITE PLANS, PAGES 68 -71, LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89 °58'30" WEST 299.97 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE NORTH 00 °01'30° WEST 55.00 FEET; THENCE SOUTH 89 °58'30" WEST 70.36 FEET; THENCE SOUTHWESTERLY ALONG A 20.50 FOOT RADIUS CURVE TO THE LEFT, THROUGH A R. E. Excise Tax Exempt Date 'j - 1% 2010 Spokane County Treas By � 1� CENTRAL ANGLE OF 59 °17'31 ", AN ARC LENGTH OF 21.21 FEET TO THE WEST LINE OF SAID LOT 1; THENCE SOUTH 00 °00'07" WEST 23.37 FEET ALONG THE WEST LINE OF SAID LOT 1; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, ON A 27.50 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 51'45'18", AN ARC LENGTH OF 24.84 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 89 °58'30" EAST, 77.53 FEET ALONG THE SOUTH LINE OF SAID LOT 1, TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON. PARCEL NO. 45033.0701 DRAINAGE EASEMENT B: A PORTION OF LOT 2, BLOCK 2, BINDING SITE PLAN BSP- 03 -03, PER PLAT THEREOF RECORDED IN BOOK 2 OF BINDING SITE PLANS, PAGES 68 -71, LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89 °58'30" WEST 50.09 FEET ALONG THE SOUTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE NORTH 00 °01'30" WEST 50.00 FEET; THENCE SOUTH 89 °58'30" WEST 55.00 FEET; THENCE SOUTH 00 °01'30" EAST 50.00 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 89 °58'30" EAST 55.00 FEET ALONG THE SOUTH LINE OF SAID LOT 2, TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON PARCEL NO. 45033.0702 DRAINAGE EASEMENT C: A PORTION OF LOT 3, BLOCK 2, BINDING SITE PLAN BSP -03 -03, PER PLAT THEREOF RECORDED IN BOOK 2 OF BINDING SITE PLANS, PAGES 68 -71, LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3, THENCE NORTH 0'9 ° 58'30" EAST 221.40 FEET ALONG THE SOUTH LINE OF SAID LOT 3 TO THE POINT OF BEGINNING, THENCE NORTH 00 °01'30" WEST 40.00 FEET; THENCE NORTH 89 °58'30" EAST 50.00 FEET; THENCE SOUTH 00 °01'30" EAST 40.00 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE SOUTH 89 °58'30" WEST 50.00 FEET ALONG THE SOUTH LINE OF SAID LOT 3, TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON PARCEL NO. 45033.0719 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 Development 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 references 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 'QAvV` day of 20n. Grai L Titl( STATE OF WASHINGTON COUNTY OF SPOKANE CITY OF SPOKANE VALLEY) ss Grantee: City of Spokane Valley w I certify that I know or have satisfactory evidence that John G. Miller , Grantor, is are the individual(s) who appeared b fore me, and who acknowledged that he /she /they signed this instrument and acknowledged it to b hi er /their free and voluntary act for the uses and purposes mentioned in this instrument. Dated thi date of �� , 20 Aa. .' ano�p Qck M - e to NOTAQ PUBLIC In and for the tate of Washington, Residing at All s-Q_ My appointment expires: i II - II , NI s 45033.0701 2.80 acres N W 'if 1W !I I GRAPHIC SCALE & 59'17'31' PROPOSED so C as ao I I R.- 20,50' DRAINAGE L= 21.21' EASEMENT }T � _58958'30 "W N0010130 "W 1 inch a 50 fL 7836 , 55.00' V SOOVO'07'W 23.37' - - -- - - -L --- - - - - -- -------- - - - - -- - -- - -- O.B. -. 1 1 6+00 Q X 77.53' — _17F00 — �_ — 18t00 — _ 1 9F00 R- 27.50' MIR PARKWAY L= 24.84' r s ^�•s;,y� _ EASEMENT "A" EXHIBIT 2 1 1 4 45033 0702 N 2.73 acres 100' Po I GRAPHIC SCALE 50 a Ta 50 S89'58'30 } 5'x00' 1 I PROPOSED ' ! ` IN Fnmw) DRAINAGE ' NOOt�130'W l I In* - 50 R. EASEMENT 50 00' _ 5007130 E 50 00' � — ----------------------- -- /- P.Qa - - -- 20.100 55.00' 50.09' 21 00 — 22� — �_ — 23 — 'MIRABEAU PARKWAY EASEMENT "B" EXHIBIT 1 1 2 1 1 1 45033.0702 1 i t 2.73 ACRES 1 1 .l 1 1 1 1 GRAPHIC SCALE 1 1 50 o 25 1 NOGL�I'30'WI 1 5Q 00' 1 1 1 ( IN FEET ) 1 inch - 50 fE I 1 1 l -- -- --I- -- - - -- --- - - - - -- -1— � P.0.8. - -- -1-- - - - - - 3 gSo33. ®703 2. IS ACRES PROPOSED DRNNAGE EASaMVT i N,9958 E 50.00' 500171'301' 4d 00' N0077130 - 0 40.00' �- — -� A0& � I 50.09' 221.40' S89w30 "W --. _ — 23+00 — 24 - . 2 5+00 _ 5 0' o — MIRABEAU PAR AY - -- EASEMENT "C" EXHIBIT