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6054948 Easement, Fiber Optic Cable12/27/2011 11:55:18 AM 6054948 Recording Fee $66.00 Page 1 of 5 Easement STEWART, TITLE OF SPOKANE Spokane County Washington 1 1111111111111 I I 1 1111 1111111 111111 IN 1111111111111111111111111111111111111111111 IN After Recordina Return To: City of Spokane Valley City Clerk 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Document Title: Fiber Optic Cable Easement Grantor(s): NNN Development, LLC Grantee(s): City of Spokane Valley Legal Description: Portion of the S1/2 14 -25 -43 Assessor's Parcel ID No.: Portion of 35143.0215, 35143.0414 and 35144.0101 "�Z O COURTESY RECORDING ONLY NO LIABILITY FOR VALIDITY AND /OR ACCURACY ASSUMED BY STEWART TITLE R. E. Excise Tax Exempt Date Q Jaa 20 1 Spokane County Treas. By C�L'�' AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Document Title: Fiber Optic Cable Easement Grantor(s): NNN Development, LLC, a Washington corporation Grantee: Government, City of Spokane Valley Abbreviated Legal Description: Assessor's Tax Parcel No(s): a 35 P- 13.Ol-WA Acl 3S 14x-1.0101 Reference No: CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, WA FIBER OPTIC CABLE EASEMENT IN THE MATTER OF , Road File No. , KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), NNN DEVELOPMENT, LLC, a Washington limited liability company, 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 non - exclusive FIBER OPTIC CABLE EASEMENT over the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington, to -wit: [SEE EXHIBITS A and B attached hereto and incorporated herein] The Fiber Optic Cable Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents, for installing, repairing, maintaining, and replacing a Fiber Optic Cable and related conduit and facilities as commonly usage related to such Fiber Optic Cable 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 Fiber Optic Cable Easement without permission of the City of Spokane Valley Public Works. The Fiber Optic Cable 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(s) or their 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 the Fiber Optic Cable and its facilities at its sole costs. [SIGNATURE AND NOTARY PAGES FOLLOW] 1567766.1 IN WITNESS WHE F th undersigned has caused this instrument to be executed on this day of _Z� ' 20//. State of (,Jos "' ~' County of -�o NNN DEVELOPMENT, LLC, a Washington limited liability company B I certify that I know or have satisfactory evidence that 44 4A (1--/ W ftA Se, t4- is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged he/ i is the Mtn q •, of NNN Development, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: lfl i E ``j%J111s111,oi ��•� N p N T A L `���P•\sS�oNFrp:•C��: O �� 9 �• N co NOTARY 's i (P . PUBLIC A, 0F V11AS� lilo o�� 1567766.1 1 1 `mil_ ( Public Appointment Expires on yd y 4 S : � Legal Description For Future Fiber Optics Line Easement For NNN Property A Portion of the Southwest Quarter of Section 14, Township 25 North, Range 43 East, Willamette Meridian, in the City of Spokane Valley, Spokane County, Washington, more particularly described as follows: COMMENCING at the South Quarter corner of said Section 14; thence S88 °07'29 "W along the South line of said Section 14 a distance of 1268.84 feet; thence N01 °53'23 "W a distance of 30.00 feet to the intersection with the Northerly Right of Way line of Sprague Avenue and the POINT OF BEGINNING said point also being the Southeast comer of Lot 1, Block 30 of Mandel's Addition to Spokane Falls, recorded in Book B of Plats, Pages 92 and 93: thence S88 °07'29 "W along said Right of Way line a distance of 91.76 feet; thence N01 a distance of 24.00 feet; thence N88 °07'29 "E a distance of 91.76 feet to the intersection with the East line of Lott, Block 30 of said Mandel's Addition to Spokane Falls; thence S01 °53'23 "E along said East line a distance of 24.00 feet to the POINT OF BEGINNING. Containing 2,202 square feet more or less ,j�.q-tt . of EXHIBIT "B" FIBER OPTIC EASEMENT NNN PROPERTY PORTIONS OF THE SOUTHWEST AND SOUTHEAST QUARTERS OF SECTION 14, TOWNSHIP 25 NORTH, RANGE 43 EAST W.M. CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON WAL -MART BOUNDARY LINE I I I I = I I I I ! I I I ! I I I I I ! L4 L POINT OF SPRAGUE AVE. I c r� I � I (� i I NNN PROPERTY LINE i ! I { I ! I I I LL- �IS88 " W 1268.84' 1 � 3 POINT OF COMMENCMENT I LINE TABLE LINE LENGTH BEARING L1 30.00 N01 *53'23"W L2 91.76 S88'07'29 "W L3 24.00 N01 '53'23"W L4 91.76 N88'07'29 "E L5 24.00 S01'53'23 "E