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5973131 Easement, Border01/24/2011 01:55:23 PM Recording Fee $64.00 Page 1 of 3 Easement CITY OF SPOKANE VALLEY Spokane County Washington 1111111111111 III 1111111111111111111111111111111111 HIM III 111111111III 11111111 AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206 5973131 Document Title: Border Easement Grantor: Appleway Court 202 Grantee: Government, City of Spokane Valley Abbrev. Legal Description: W 04 2O- 25 -44, Ptn. W.' /2 BI. 242, Opportunity, Spokane Co., WA Assessor's Property Tax Parcel Nos.: New #45202.0818 (old #45202.0816 and 45202.0817) CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, WA BORDER EASEMENT IN THE MATTER OF FARR ROAD, RF No. 1201 -D, KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Appleway Court 202, a Washington Non -Profit Corporation, for and in consideration of mutual benefits, the receipt of which is hereby acknowledged, warrants and conveys to the City of Spokane Valley, a municipal corporation of the State of Washington, a BORDER EASEMENT over the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington, to -wit: Portion of New Parcel No. 45202.0818 (Old Nos. 45202.0816 and 45202.0817). That portion of Section 20, Township 25 North, Range 44 East, W.M., lying entirely within Block 242 of Opportunity, according to plat recorded in Volume "K" of Plats, page 20, in the records of Spokane County, being the West 16.50 feet of the following described parcels of land The North 261.8 feet of the West half of said Block 242; TOGETHER WITH a portion of said Block 242 being described as follows: BEGINNING at a point on the West line of said Block 242, a distance of 291 feet North of the Southwest corner of said Block 242; thence North along the said West line 90.8 feet; thence East 327.1 feet, more or less, to the North and South centerline of said Block 242, at a point 381.8 feet North of the South line of said Block 242; thence South along said North and South centerline, 90.8 feet; thence West to the Point of Beginning; EXCEPTING THEREFROM the railroad right of way; ALSO EXCEPTING THEREFROM that portion conveyed to Spokane County by instrument recorded on November 18, 1998 under Recording No. 4295065 (said instrument is a correction of instrument recorded on June 18, 1993 under Recording No. 9306180355); All situate within the City of Spokane Valley, County of Spokane, State of Washington. BORDER EASEMENT: 1 ( Appleway Court 202 /City of Spokane Valley) The Border Easement 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, grading, drainage, signage and other usage deemed necessary by City of Spokane Valley Development Engineering Division 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 Development Engineering Division, 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, except right -of -way granted or dedicated within this Border Easement, and are subject to Spokane Valley 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, and shall inure to the benefit of the parties referenced herein, their heirs, successors and assigns. The Grantor or its successors in interest agree to and shall maintain in good repair the sidewalks, driveways and landscaping to be installed on such property, and when so doing shall not be considered agents of the City of Spokane Valley. The City of Spokane Valley shall maintain all drainage inlets, grates, pipes, catch basins, drywells and other drainage structures and appurtenances used for the disposal of public road drainage. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 12` day of March, 2010. Grantor: Appleway Court 202 B John Rich ds itle: President Grantee: City of Spokane Valley ti BORDER EASEMENT: 2 ( Appleway Court 202 /City of Spokane Valley) STATE OF WASHINGTON ss. COUNTY OF SPOKANE 1 On this I Z `"' day of March, 2010, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me JOHN RICHARDS, to me known to be the President of Appleway 202, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. WITNESS my hand the day and year first above writt PIP ruse` ..:.6 ky 3 Place Notary Seal Here Nota Public in and the State of Washington, residing at -�.I� tee,, My Commission Expires - moo — r� RLS/RHAM I/10 HAROCKWOOMAppleway Col11'61 Easement - CSV - 6 6 08 -311 10.doc BORDER EASEMENT: 3 ( Appleway Court 202 /City of Spokane Valley)