6163869 Easement, Drainage: Beach House at Trailhead AptAFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
01/02/2013 03:36:28 PM 6163869
Recording Fee $79.00 Page t of 8
Easement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
11111111111111 III 1111 Iillll IN 111111111111111111111 III 11111111111111111 IN
Document Title: Drainage Easement
Grantor(s): ENJOY! The River, LLC; ENJOY! The River II, LLC; and ENJOY! The River III, LLC
Grantee: Government, City of Spokane Valley
Abbreviated Legal Description: NE 1/4, Section 13, T25N, R44E
Assessor's Tax Parcel Number(s): 45131.0116
Reference Number: 5975650
CITY OF SPOKANE VALLEY
Development Engineering Division
Spokane Valley, Washington
DRAINAGE EASEMENT
IN THE MATTER OF The Beach House at Trailhead Apartment Project (City of Spokane Valley Project
No. 11 3775).
This DRAINAGE EASEMENT ( "Drainage Easement ") is entered into by and between ENJOY! The
River, LLC, a Washington limited liability company, ENJOY! The River II, LLC, a Washington limited
liability company, and ENJOY! The River III, LLC, a Washington limited liability company (collectively,
the "Grantor "), and the CITY OF SPOKANE VALLEY, a Washington municipal corporation ( "Grantee ").
Grantor owns certain real property located in the City of Spokane Valley, Washington, legally described on
the attached Exhibit A ( "Property").
Grantor desires to grant to Grantee a perpetual, nonexclusive easement, as described below, on a portion of
the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C
( "Easement Area ").
A portion of the Property is currently encumbered by a Drainage Easement in favor of the City of Spokane
Valley, recorded on February 1, 2011, under recording number 5975650 ( "Former Easement "). Grantee
has agreed to vacate the Former Easement simultaneously with the execution and recordation of this
Drainage Easement.
In consideration of the covenants contained herein and other mutual benefit, the parties agree as follows:
R. E. Excise Tax Exempt
Date ` __ a 20 ( 3
Spokane County Treas.
By 0 Lf
Grantor hereby grants to Grantee and its authorized agents a nonexclusive perpetual easement for drainage
purposes over, across and through the Easement Area, including, but not limited to, allowing stormwater .
drainage and /or runoff and disposal into a drainage facility located on the Property. Grantor hereby agrees
not to obstruct, artificially collect or discharge the flow of stormwater over, across or through the Easement
Area. Grantor agrees that Grantee has no responsibility under this Drainage Easement for maintaining the
Easement Area.
Grantor shall have complete and total responsibility for the construction of all related drainage facilities
located within the Easement Area, 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. Grantor shall
have complete and total responsibility for the perpetual maintenance of the facilities located within the
Easement Area. In addition, Grantor shall maintain the Easement 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 Grantor fails to maintain said facilities or ground cover, a written
notice of such failure may be given by Grantee to the Grantor. If any such failure is not corrected by
Grantor within 60 days from Grantor's receipt of such written notice, Grantee shall have the right to
correct such failure, or have it corrected, at the expense of Grantor. Such expenses, if not paid within 60
days of receipt by Grantor of written notice of such expenses, may be filed with the County Auditor as a
lien against the Property. Notwithstanding anything to the contrary in this Drainage Easement, any and all
repairs necessitated by the actions of Grantee, its officers, employees or authorized agents on the Property
shall be promptly repaired and restored by Grantee to a condition which is equal to or better than the
condition which existed prior to such actions, in a good workmanlike manner, at Grantee's sole expense.
Except as expressly set forth above, Grantor hereby releases Grantee, 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 the Easement Area.
This Drainage Easement and the agreements and duties provided for herein shall run with the Property and
shall be binding on, and shall inure to the benefit of Grantor, Grantee, and their respective heirs, successors
and assigns. No modification of the boundaries of the Easement Area or the terms of this Drainage
Easement can be made without prior written approval of Grantor and Grantee, which may be granted or
withheld by each such party in its sole discretion.
The easement established by this Drainage Easement shall be for the benefit of and restricted solely to the .
use of Grantee and its authorized agents, and shall be used only for the purposes described herein.
Nothing set forth in this Drainage Easement shall be deemed to be a public dedication of any portion of the
Property or the Easement Area described herein in the general public, for the general public or for any
public whatsoever.
This Drainage Easement and all the benefits and obligations herein shall be deemed a covenant which runs
with the Property and will bind every person having any fee, leasehold or other interest in the Property at
any time or from time -to -time to the extent that such portion is affected or bound by the covenant,
restriction or provisions to be performed on such portion.
IN WIT�TN,E�S WHEREOF, Grantor and Grantee have caused this Drainage Easement to be executed on
this IT day of 'DECE-M 8(-- Z 2012.
GRANTOR:
ENJOY! THE RIVER, LLC
By
F ' olff, its Manager
ENJOY! THE RIVER 11, LLC
By
/tz Ioolff, its Manager
EN%'! � VER III, L
Ey q J> �
Robert A. Brett, its Manager
GRANTEE:
CITY OF SPOKANE VALLEY, a Washington
Municipal Corporation
By ZIA
ItS C�ti..�r._ity Ot.ircoOsa.— i�icec�uia
STATE OF W� h 1� )
COUNTY O ) ss
CITY OF )
1 certify that I know or have satisfactory evidence that Fritz H. Wolff, the Manager of ENJOY! The River,
LLC and ENJOY! The River Il, LLC, is the individual who appeared before me, and who acknowledged
that he signed this .instrument on behalf of said limited liability companies and acknowledged it to be his
free and voluntary act for the uses and purposes mentioned in this instrument.
Dated this �6k date of j OOMbe))- 2012.
lilt '9110
SO Z
SOX S ?OT C yy
i
i
► ► ► ►qF ► ►oF whSN�•i....
STATE OF )
COUNTY ) ss
CITY OF )
NOTARY PUBLIC
In and for the State of Washington,
Residing at �jCLY�—
My appointment expires: I b — �" lS
I certify that I know or have satisfactory evidence that Robert A. Brett, the Manager of ENJOY! The River
III, LLC, is the individual who appeared before me, and who acknowledged that he signed this instrument
on behalf of said limited liability company and acknowledged it to be his free and voluntary act for the
uses and purposes mentioned in this instrument.
Dated this date of 6bV WjCV , 12012.
InOand or the PUBLIC ate of Washington,
Residing at
s ' • y My appointme t expires:
,fit 0i
STATE OF i''lc `f 't5 vi. )
COUNTY OF ss
CITY OF
I certify that I know or have satisfactory evidence that bit, U 4' j) ij the ft, "b-( reofDr
of the City of Spokane Valley, Washington, is the individual who appeared before me, and who
acknowledged that he /she signed this instrument on behalf of said municipal corporation and
acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in this
instrument.
ff�a h
Dated this 44 date of beoem be-+t 2012.
DEANNA M GRIFFITH
Notary Public
State of Washington
My Commission Expires
July 26, 2013
NOTARY PUBLIC
In and for the State of Washin to J ,
Residing at lap Al0bMz,� i .
My appointment expires: 7- -13
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
A PORTION OF TRACTS 33, 34, 35 AND 36 OF BACON'S ADDITION TO G.R.EENACRES AS PER
PLAT THEREOF RECORDED IN VOLUME "J" OF PLATS, PAGE 15, LYING IN SECTION 13,
TOWNSHIP 25 NORTH, RANGE 44 EAST., W.M.; MORE PARTICULARLY DESCRIBE AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE N89'57'44 "W,
ALONG THE NORTH LINE OF SAID SECTION 13 A DISTANCE OF 1053.40 FEET; THENCE
S00'02'16 "W A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
MISSION AVENUE AND THE POINT OF BEGINNING; THENCE S30'32'25 "E A DISTANCE OF
9.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST AND
HAVING A RADIUS OF 27.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 85")5'47" AN ARC DISTANCE OF 41.08 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 519.50 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3T 19'18" AN
ARC DISTANCE OF 338.40 FEET; THENCE S17'44'04 "W A DISTANCE OF 173.01 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A
RADIUS OF 480.50 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 34'43'52" AN ARC DISTANCE OF 291.27 FEET; THENCE S52'27'56 "W A
DISTANCE OF 100.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS 462.50 FEET; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 18'14'54" AN ARC DISTANCE OF 14730
FEET; THENCE N78 37'56 "W A DISTANCE OF 455.93 FEET TO THE EASTERLY LINE OF
LANDS CONVEYED TO THE WASHINGTON STATE PARKS AND RECREATION COMMISSION
BY DEED RECORDED AUGUST 25, 1988 UNDER SPOKANE COUNTY AUDITOR'S FILE
NUMBER 8808250252; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING (4) FOUR
COURSES:
I) N07'47'31 "E A DISTANCE OF 233.92 FEET
2) N61 l8'26 "E A DISTANCE OF 179.63 FEET
3) N54'53'30 "E A DISTANCE OF 250.74 FEET
4) N40 35'35 "E A DISTANCE OF 382.89 FEET TO THE INTERSECTION WITH
THE SOUTHERLY RIGHT OF WAY LINE OF MISSION AVENUE; THENCE S89*57'44 "E
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 430.49 FEET TO THE POINT OF
BEGINNING.
EXCEPT ALL RIGHT OF WAY OF RECORD.
SUBJECT TO ALL EASEMENTS OF RECORD INCLUDING AUDITOR'S FILE NOS. 5974919,
5974920 & 5975650.
CONTAINING 10.72 ACRES MORE OR LESS
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, WASHINGTON.
EXHIBIT B
EASEMENT AREA LEGAL DESCRIPTION
A portion of Parcel A according to that Record of Survey filed December 21, 2011 in Book 146
of Surveys at page 61 in the records of Spokane County, Washington, situate in the Northeast
quarter of Section 13, Township 25 North, Range 44 East, W.M., being a strip of land 15 feet in
width and lying 5 feet on the easterly side and 10 feet on the westerly side of the following
described centerline:
COMMENCING at the Northeast corner of said Section 13; thence North 89 °57' 44" West,
along the North line of said Section 13 a distance of 1053.40 feet; thence South 00 °02' 16" West
a distance of 30.00 feet to the southerly right -of -way line of Mission Avenue; thence South
30 °32' 25" East, along the easterly line of said Parcel A, 9.10 feet to the beginning of a tangent
curve to the right having a radius of 27.50 feet; thence southerly along the arc of said curve a
distance of 41.08 feet through a central angle of 85'35'47" to the beginning of a reverse curve to
the left having a radius of 519.50 feet; thence southwesterly along the arc of said curve a distance
of 338.40 feet through a central angle of 37 °19' 18 "; thence South 17 °44' 04" West a distance of
173.01 feet to the beginning of a tangent curve to the left having a radius of 480.50 feet; thence
southwesterly along the arc of said curve a distance of 5.71 feet through a central angle of
0 °40' 51" to the POINT OF BEGINNING for this centerline and easement.
Thence South 81 '24'35" West 54.45 feet; thence South 26 °58' 14" West 56.79 feet to a point
known as "Point A"; thence South 14'41'28" East 67.53 feet to a point on the easterly line of
said Parcel A and the terminus of this centerline and easement.
TOGETHER WITH a strip of land 15 feet in width lying 5 feet on the southerly side and 10 feet
on the northerly side of the following described centerline:
BEGINNING at the aforesaid "Point A "; thence South 76'26' '16" West 107.49 feet; thence
North 82 °49' 53" West 91.82 feet to a point known as "Point B" and the terminus of this
centerline.
TOGETHER WITH that portion of said Parcel A described as follows:
BEGINNING at the aforesaid "Point B "; thence North 7'10'07" East 10.00 feet: thence North
48'31'22" West 47.17 feet-, thence South 76 °19' 11" West 121.00 feet; thence South 13 °40' 49"
East 80.00 feet; thence North 87'19' 11" East 42.00 feet; thence North 43'19' 11" East 58.00
feet: thence North 77 °24' 18" East 40.00 feet, thence North 57 °03' 04" East 13.50 feet; thence
North 7'10'07" East 5.00 feet to the POINT OF BEGINNING.
J � t
EXHIBIT C
DEPICTION OF EASEMENT AREA
POINT OF BEGINNING iJ
POINT .A
L8 L7
POINT B
4
1
t
5
/
— 15
u y
kr
Lt1 /..
1-10 / ®
Pia . i
SCALE 1" = 80'
NEIL DUR
\�c, of Wasy rF
hP O
` y
o o
33658 Jv
sSi R£G S1ER�0 JQ
UAL L ANO
THE BEACH HOUSE AT TRAILHEAD DURYEA & ASSOCIATES, P.S.
DRAINAGE EASEMENT EXHIBIT 2702 N. Perry Street, 65- 800e
WA 99207
tel: (509) 465 -8007
APN: 451 31.01 16 www.durvea- associates.com
JOB NO. 11 -1602
LINE TABLE
LINE
BEARING
DISTANCE
LINE
BEARING
DISTANCE
Lt
581'24 "35 "W
54.45'
L8
576'19'11 "W
121.00'
L2
526'58'14 "W
56.79'
L9
S13'40'49 "E
80.00'
L3
S14'4t'28 "E
67.53'
L10
N87't9'tt "E
42.00'
L4
576'26'16 "W
107.49'
Lt t
N43'19't t "E
58.00'
LS
N82'49'S3 "W
91.82'
L12
N77'24'18 "E
40.00'
L6
N07'10'07 "E
10.00'
L13
N57'03'04 "E
13.50'
L7
N48'31'22 "W
47.17'
Lt4
N07'10'07 "E
5.00'