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6132534 Easement, Drainage: Tschirley Rd09/27/2012 09:59:58 AM 6132534 Recording Fee $74.00 Page 1 of 3 Easement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington 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 TR PL 3 N20OFT B60 & B61 Assessor's Tax Parcel No(s): 55063.0151 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 the North 200 feet 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 East 15 feet of Block 61. More particularly described as follows: Drainage Easement: Commencing at the northeast corner of above described property, thence S 01 °04'01" E a distance of 123.55 feet along the east line of said property to the Point of Beginning, thence S 88 055'59" W a distance of 15.00 feet, thence S 01 °04'01" E a distance of 36.00 feet, thence N 88 055'59 "E a distance of 15.00 feet to the east line of said property, thence N 01 °04'01" W a distance of 36.00 feet along the east line of said property to the Point of Beginning. R. E. Excise Tax Exempt Date q —0(o 201 d Spokane County Treas. By a Lje, 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 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 26 44v day of, 2012 . Grantor: Wagstt1affl Industries LLC. Grantee: City of Spokane Valley By:. -A By: ie Title: l ►1wn4-Pw Title: 0i2 <crc,2 STATE OF WASHINGTON COUNTY OF SPOKANE CITY OF SPOKANE VALLEY) ss ln�t�le5f Ll�. I certify that I know or have satisfactory evidence that a Grantor, is /are the individual(s) who appeared before me, and who acknowledged that e /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 �� date of , ' , 20iZ,. �Illilllilttlllllllillllll II111111111111111111❑ Notary Public State of Washington BECKY S ONEIL MY COMMISSION EXPIRES March 05, 2015 13111 llilltllllllllIII111111111111111111111110 NOTARY P LIC In and for the State of Washington, Residing at My appointment expires:[