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5977777 Easement, Drainage: STV-01-10 16th AveAFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 02/08/2011 02:50:41 P11 5977777 Recording Fee $64.00 Page 1 of 3 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington. Document Title: Drainage Easement Grantor(s): Copper Creek Development Grantee: Government, Ct of Spokane Valle Abbreviated Legal Description: Area between Roadway and S23/S26 line, portions of lots 10 -12 Blo 27, and lot 9 Block 28. WOOD L A WD TCR(t Assessor's Tax Parcel Number(s): 35233.2711, 35233.2712, 35233.2719, 35233.2822 Reference Number: CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF 10 Avenue Street Vacation (City of Spokane Valley Project No. STV- 01 -10, hereinafter referred to as the "project ") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Copper Creek Development , 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: A Parcel of land located within the vacated Right of Way of 16th Avenue per the plat of Woodland Terrace as recorded in Book "I" of Plats, page 16, lying westerly of the west boundary of Block 28 of said Plat, further described as follows: Commencing at the south quarter corner of Section 23, Township 25 North, Range 43 East, W.M.; Thence N89 °33' 11 "W along the section line common to sections 23 and 26 a distance of 412.26 feet to the True Point of Beginning for this description; Thence continuing along said section line N89'33'1 I "W for a distance of 146.23 feet; Thence leaving the said section line N45 °47'29 "W for a distance of 43.37 feet to a point on the south boundary line of Block 27 of said plat; Thence S89'33'1 I "E along the south boundary line of Block 27 a distance of 18.80 feet; Thence S45 0 47'29 "E for a distance of 17.35 feet; Thence S89 0 33' 11 "E for a distance of 146.04 feet; Thence S00 0 08'42 "E a distance of 18.00 feet to the True Point of Beginning. Containing 3,025 sq. ft. or 0.07 acres The Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its R. E. Excise Tax Exempt Date Q _ -� 20 1 Spokane County Treas. By k 6�� 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 day of �Jc�i lu�ry , 20 Grantor(s): \�c^.o.k C�� D eUeL g ^e, ((,�� Gra By - /-i By: Title: f Vfivl4(2r IVAA Titl( STATE OF WASHINGTON COUNTY OF SPOKANE CITY OF SPOKANE VALLEY) ss I certify that I know or have satisfactory evidence that S rg-Z Z 21X rd i C e , 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 o7S date of oJQ t q 20 . � e i/ NOTARY PUBLIC In and for the State of Was hin on, a s 0 4 Residing at �' V fiC.c t y Z My appointment expires: 111Q