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6054536 Easement, Drainage: Panda Express_ t AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 12/23/2011 12:03:20 PM 6054536 Recording Fee $67.00 Page 1 of 6 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington 111111111111111111111111111111111111111111111111 IN 11111111111111111111111111111111111 IN IN Document Title: Drainage Easement Grantor(s): CFT Developments LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: Assessor's Tax Parcel Number(s): Parcel 35232.0104 of Tax Map 25N2343E Reference Number: Panda Express /CFT Plaza CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Treating and Infiltrating Water from Public Right-of-Way Adjacent to (City of Spokane Valley Project No. 11001418 , hereinafter referred to as the "project ") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), CFT Developments, 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: See Exhibit "A" & `B" 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, R. E. Excise Tax Exempt Date ( 1.I a 3 20 Bp okane oun ty_ T��G� 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 WI SS REOF, the undersigned has caused this instrument to be executed on this w-vk day of C" , 20 Grantor(s): ' Cf T PC-VC-t4 f M O� - (-L& By: (L�- Title: M CL4/t Grantee: C r r-/ LE ,s v, ✓v Ne 4 c L= B Title: Pie. et ci..,.�, 172 rO f.1sc " "Efr i 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 9 20 Grantor(s): Title: Grantee: C IrV or SPvAe,✓6' v4«z By: Zle t/ Title: 0,,-. 05.1e1 -OJO 9-..r ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On December 20, 2011 before me, MARIA A. FIGUEROA, Notary Public, personally appeared Charlie (Lian Geng) Shen, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on.the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA A. FIGUER WITNESS y name d fficial seal. Commission * 1915525 Signature Notary Public - California Los Angeles County My Comm ssion Expires: 'I M Comm. Ex Tres oec 7.201 Drainage Easement Re: Parcel 35232.0104 of Tax Map 25N2343E, Spokane, WA Signer: CFT Developments, LLC by Charlie (Lian Geng) Shen, Manager STORM DRAIN EASEMENT DESCRIPTION Exhibit "A" Commencing at the Southeast corner of Lot 12, Block 1, Sprague Street Addition as per plat thereof recorded in Volume "B" of.Plats, Page 82, thence North 89 °14'50" West, 21.71 feet on the south line of said Block l to the True Point of Beginning; thence continuing North 89 °14'50" West, 149.73 feet on said south line to a point; thence leaving said south line, North 00 °45' 10" East, 5.00 feet to a point; thence South 89 °1.4'50" East, 155.00 feet, parallel to and 5.00 feet northerly of said south line to a point; thence South 00 °4510" West, 4.34 feet to a point; thence 532 feet on the are of a 21.50 foot non - tangent radius curve to the right, with a central angle of 14 °10'48 ", and whose chord bears South 83 °39'46" `Vest, 5.31 feet to the true point of beginning. ALSO: Commencing at the Southeast corner of Lot 12, Block 1, Sprague Street Addition, as per plat thereof recorded in Volume "B" of Plats, Page 82, thence North 00'12' 15" :East, 61.79 feet on the east line of said Block 1 to the True Point of Beginning; thence leaving said east line North 89 °47'45" Nest, 7.50 feet to a point; thence North 00° 12' 15" East, 115.68 feet, parallel to and 7.50 feet westerly of said east line to a point; thence North 25 °22'47'' West, 14.58 feet to a point; thence North 04 °33'38" East, 26.17 feet to a point; thence North 51'06'37" :East, 3.62 feet to a point; thence .North 00 °12' 15" East, 24.25 feet, parallel to and 9.00 feet westerly of said east line to`a point; thence North 89 °14'00" West, 79.78 feet, parallel to and 20.50 feet southerly of the south right of way line of Sprague Avenue to a point; thence North. 44 °14'00" West, 9.1.7 feet to a point; thence North 00 °46'00" East, 11.51 feet to a point; thence South 89° 14'00" East, 73.80 feet, parallel to and 2.50 feet southerly of the south right of way line of Sprague Avenue to a point; thence 33.56 feet on the arc of a 21.50 foot radius curve to the right, with a central angle of 89 °26'15'', and whose chord bears South 44 °30'53'' East, 30.26 feet to a point on the east line of said Block l; thence on said east line South 00'12'15" West, 178.07 feet to the true point of beginning Situate in the City of Spokane Valley, County of Spokane, State Of Washington .0, STORM DRAIN EASEMENT LOCATED IN THE NW 1/4 OF SECTION 23, CURVE TABLE. TOWNSHIP 25 NORTH, RANGE 43 EAST, - D14'10'48" W.M., SPOKANE COUNTY, Cl L= = 5.32' WASHINGTON R=21,50' LEGEND: CH=S 83'39'46" W- 5,31' A CALCULATED POINT SPRAGUE AVENUE 66' PUBLIC RIGHT OF WAY, cy) EXHIBIT "B" C2- D=8926'15" L = 33.56' R=21.50' CH=N 44*30'53" IN - 30.26 1 30.00' 130.00' UJ LU U- 0 D zi (D < Z1 00 D n r. 30.00' 30.00' o N 89'1 4'50" W - 149.73' 0 0 CD (D �N VVj FIRST AVENUE co 21.71' 60' PUBLIC RIGHT OF WAY b 0 m NOT 0 SCALE PAMESTENGINFERING, LLC DING: 11-505.DWG 10209 Bridgeport Way SW, Suite C-1 DATE: 12-6-2011 Lakewood, WA 98499 Phone (253) 830-5960 PROJECT 11-505 Fax (253) 830-5999 00 74 07C 73.80 11.51 N 44'14'00" 9.17' W N 89 W - 79.78 00 ° E N 00 24 0 37" E� N 51306 P.' N 04*33'38 E-r Al 26.17' \5 \1 N 25*22'47" W 6>1 . 14.58' 1 1 0 m I S�RG� 1 � r\ti 0 'XI NZ O W89*47'45" % 7.50' \, 1 S100 10" 434' N 00*45'1 E Cl- 5.00 EXHIBIT "B" C2- D=8926'15" L = 33.56' R=21.50' CH=N 44*30'53" IN - 30.26 1 30.00' 130.00' UJ LU U- 0 D zi (D < Z1 00 D n r. 30.00' 30.00' o N 89'1 4'50" W - 149.73' 0 0 CD (D �N VVj FIRST AVENUE co 21.71' 60' PUBLIC RIGHT OF WAY b 0 m NOT 0 SCALE PAMESTENGINFERING, LLC DING: 11-505.DWG 10209 Bridgeport Way SW, Suite C-1 DATE: 12-6-2011 Lakewood, WA 98499 Phone (253) 830-5960 PROJECT 11-505 Fax (253) 830-5999