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6132533 Easement, Drainage: Tschirley Rd09/27/2012 09:59:58 AM 6132533 Recording Fee $74.00 Page 1 of 3 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington IIIIIII IIIIII III 11111111111111111 IIII IIII VIII VIII 1111111 III VIII VIII VIII IIII IIII 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): Wagstaff Industries LLC Grantee: Government, City of Spokane Valley Abbreviated Legal Description: W FARMS IRR TRS PL 3 BLK 60 EXC N20OFT & EXC W 1 OFT & BLK 61 EXC N 20OFT & EXC E 15FT Assessor's Tax Parcel No(s): 55063.0189 Reference No: CITY OF SPOKANE VALLEY Development Engineering Division Spokane Valley, Washington DRAINAGE EASEMENT IN THE MATTER OF Tschirley Road (City of Spokane Valley Project No. 12000206 , hereinafter referred to as the "project ") KNOW ALL MEN BY THESE PRESENTS, that the Grantor(s), Wagstaff Industries 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: That portion of Tract 61 of Plat No. 3 of West Farms Irrigated Tracts, according to plat recorded in Volume "T" of Plats, page 6, located in Section 6, Township 25 North, Range 45 E.W.M.; EXCEPT the North 200 feet thereof; and EXCEPT the East 15 feet of Block 61. More particularly described as follows: Drainage Easement A: Commencing at the southeast corner of above described property, thence N 01 °04'01" W a distance of 89.20 feet along the east line of said property to the Point of Beginning, thence S 88 048'31" W a distance of 14.86 feet, thence N 01 °11'29" W a distance of 139.00 feet, thence N 88 °48'31 "E a distance of 15.17 feet to the east line of said property, thence S 01 °04'01" E a distance of 139.00 feet along the east line of said property to the Point of Beginning. R. E. Excise Tax Exempt Date a& 201 a Spokane County Treas. By C LK Drainage Easement B: Beginning at the southeast corner of above described property, thence N 89 045'02" W a distance of 410.48 feet along the south line of said property, thence N 00 014'58" E a distance of 20.00 feet, thence S 89 045'02" E a distance of 410.02 feet to the east line of said property, thence S 01 °04'01" E a distance of 20.01 feet along the east line of said property to the Point of Beginning. The Drainage Easement as described 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 Gramor(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 2� day of 52012- . Grantor: Wagstaff Industries LLC. By-AG,b� AO.1l,ta.J Title:'--I�� STATE OF WASHINGTON COUNTY OF SPOKANE CITY OF SPOKANE VALLEY) ss Grantee: City of Spokane Valley By: A, Title: C f'i2�Cor2 1��5►, US- I certify that I know or have satisfactory evidence that Grantor, is /are the individual(s) who appeared before me, and who acknowledged tha 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 Zt?" date of , 20 �Z . gununulnmm�unnnnnnnnnnnto Notary Public State of Washington =_ BECKY S ONEIL _= = MY COMMISSION EXPIRES = March 05, 2015 ❑11111 l llilllltllllllll llllllllllill 1111111 lll❑ hal kl�- 5, r . NOTARY P LIC In and for the State f Washington, Residing at My appointment expires: