20140313082229757.pdf201402260086 6 PGS
0212612014 9:19am-
After recording return to: SNOHOMISH COUNTY, NASOINGTON 0 EX E X
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City of Lynnwood
P.O. Box 5008
Lynnwood, WA 98046-5008
FEE'l, 2 ()1 2(I'M,
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STORMWATER DRAIN UTILITY EASEMENT
THE CITY OF LYNNWOOD (hereinafter "Grantor"), hereby conveys and grants to
Steve Fisher, his successors and assigns (hereinafter "Grantee"), from the following
described property:
See attached Exhibit A 5 '7 -T Z� - Juq
A permanent easement over, across, along, in, upon and under the following described
portion of the above -described property:
See attached Exhibit B
The Grantee shall have the right, without prior institution of any suit or proceeding at
law, at times as may be necessary, to enter upon the property or easement for the purpose
of installing, constructing, operating, maintaining, removing, repairing, replacing and
using a stormwater drain, together with all mains, valves and connections thereto (the
"Facility"), together with the right of ingress to and egress from that property for the
foregoing purposes.
The Grantor and Grantee, by executing, accepting and recording this easement, do hereby
mutually covenant and agree as follows:
1. The Grantee is the owner of Parcel# 27040700 101000, commonly known as
16900 76TH AVE W, Edmonds, WA. The Grantee agrees that Grantee is jointly and
severally liable for operating and maintaining the Facility, and Grantee agrees that upon a
failure to so maintain, the Grantor may perform maintenance, repairs, or replacement of
the Facility and bill Grantee for its proportionate share of the cost of such repair,
maintenance or replacement.
2. The Grantee shall, if either the property or easement is disturbed by the
installation maintenance, or removal, of the Facility, restore the surface of the property or
easement as nearly as possible to the condition in which it existed at the commencement
of maintenance, removal, repair or replacement.
3. The Grantee shall protect and save harmless Grantor from and against any and all
claims, demands, loss, damage, expense and liability of every kind and description and
for any damage to or loss or destruction of property suffered by Grantor, or by any
persons, firms, or corporations, because of the Grantee's negligent installation, operation
or maintenance of the Facility; provided, however, that this hold harmless shall not apply
to Grantor's negligence.
4. The Grantor warrants that the Grantor has good title to the above property and
warrants the Grantee title to, and quiet enjoyment of, the easement conveyed hereby.
5. All right, title and interest which may be used and enjoyed without interfering
with the easement rights conveyed are reserved to the Grantor.
6. Grantor covenants that no digging, tunneling, or other form of construction
activity shall be done on the easement or on Grantor's property which would disturb or
damage the Facility, unearth or undermine the Facility, or endanger the lateral support to
the Facility.
7. Should either party hereto, or their heirs or assigns, institute suit to enforce any
covenant or right granted herein, the prevailing party shall recover its costs of litigation,
including a reasonable attorney's fee.
8. The covenants contained herein are intended to and shall run with the land and
shall benefit and bind the parties and their respective successors and assigns.
DATED this
Q11 day of, 20
")
(m4l)
ay �,` City of Lynnwood)
STATE OF WASHINGTON
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COUNTY OF 504�,(�_)
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that the signed this
in stated that she/he was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Lynnwood to be the free and voluntary act of such municipal
corporation for the uses and purposes wtioned in the instrument.
DATED this2 t day of 20J
OISE
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Notary Public in and for the State of Washington
Commission Expires:
Exhibit A
CITY OF LYNNWOOD PARCEL NO. 27040700107100
LEGAL DESCRIPTION
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 7, TOWNSHIP 27 NORTH,
RANGE 4 EAST, W.M.-
THENCE NORTH 01°11'45" EAST ALONG THE EAST LINE OF SAID SECTION (SAID EAST
LINE ALSO BEING THE CENTER LINE OF 76TH AVENUE WEST. FORMERLY KNOWN AS
MEADOWDALE ROAD) A DISTANCE OF 602.27 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 61033'10" WEST 22.50 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY MARGIN OF 76TH AVENUE WEST AND ON THE SOUTHWESTERLY RIGHT-OF-WAY
MARGIN OF BROWNS POINT ROAD;
THENCE CONTINUING NORTH 61033'10" WEST ALONG THE SOUTHWESTERN MARGIN
OF BROWNS POINT ROAD A DISTANCE OF 198.53 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 120.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF
36028'02" A DISTANCE OF 76.38 FEET ALONG THE SOUTHWESTERLY MARGIN OF
BROWNS POINT ROAD TO A POINT WHICH IS THE BEGINNING OF THE DEPARTURE
FROM THE SOUTHWESTERLY MARGIN OF BROWNS POINT ROAD;
THENCE NORTH 89003'05" WEST, 260.41 FEET (249.34 FEET DESCRIPTION);
THENCE NORTH 00008'06" WEST (NORTH DESCRIPTION), 279.61 FEET;
THENCE NORTH 89003'05" WEST 233.28 FEET TO A POINT 339.87 FEET EAST OF THE
GOVERNMENT MEANDER LINE;
THENCE NORTH 40031-21" WEST, 160.15 FEET;
THENCE NORTH 89003'05" WEST, 160.72 FEET TO THE GOVERNMENT MEANDER LINE;
THENCE SOUTHWESTERLY ALONG SAID GOVERNMENT MEANDER LINE TO THE
SOUTH CORNER OF LOT 2, EDMONDS TIDE LANDS;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2 TO A POINT ON THE
SOUTH LINE OF LOT 43, PLAT OF MEADOWDALE TIDE LANDS;
THENCE ALONG SAID SOUTH LINE TO THE WESTERLY LINE OF SAID LOT 43;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOT 43 AND LOT 42 OF SAID
PLAT TO THE NORTH LINE OF SAID LOT 42;
THENCE EASTERLY ALONG SAID NORTH LINE AND THE EASTERLY PROJECTION
THEREOF TO AN INTERSECTION WITH THE EASTERLY RIGHT -WAY -LINE OF THE
BURLINGTON NORTHERN SANTA FE (FORMERLY THE GREAT WESTERN) RAILROAD;
THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE NORTH LINE OF
GOVERNMENT LOT 2, SECTION 7, TOWNSHIP 27 NORTH, RANGE 4 EAST. W.M.;
THENCE SOUTH 89003'05" EAST ALONG SAID NORTH LINE TO A POINT WHICH IS
SOUTH 89003'05" EAST, 537.37 FEET (538.90 FEET DESCRIPTION) FROM SAID
GOVERNMENT MEANDER LINE;
THENCE SOUTH 38005'41" EAST 377.14 FEET (375.75 FEET DESCRIPTION);
THENCE SOUTH 24001'37" WEST 75.01 FEET (75.00 FEET DESCRIPTION);
THENCE SOUTH 24001'36" WEST 58.05 FEET;
Exhibit A (con't)
THENCE SOUTH 23040'46"
WEST 23.19 FEET;
THENCE SOUTH 26018'04"
EAST 50.90 FEET;
THENCE SOUTH 09004'42"
EAST 52.85 FEET;
THENCE SOUTH 78018'22"
EAST 159.29,FEET TO THE WEST MARGIN OF 76TH
AVENUE WEST;
-
THENCE CONTINUING SOUTH 78018'22" EAST 20.34 FEET TO THE EAST LINE OF
SAID SECTION 7 WHICH IS ALSO THE CENTER LINE OF 76TH AVENUE WEST;
THENCE SOUTH 01011'4S"
WEST ALONG SAID EAST LINE 138.96 FEET TO THE
POINT OF BEGINNING.
Exhibit B
10' STORM DRAIN EASEMENT
LEGAL DESCRIPTION
STRIPS OF LAND 10.00 FEET IN WIDTH HAVING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED EASEMENT CENTERLINE WITHIN A PORTION OF THE
NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 27 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 7;
THENCE NORTH 01 °11'45" EAST 602.27 FEET;
THENCE NORTH 61033'10" WEST 22.50 FEET TO THE WESTERLY MARGIN OF
MEADOWDALE ROAD;
THENCE NORTH 01 °11'45" EAST 132.37 FEET;
THENCE NORTH 78018'22" WEST 76.32 FEET TO THE POINT OF BEGINNING OF
THE EASEMENT CENTERLINE;
THENCE SOUTH 12011'36" WEST 40.22 FEET;
THENCE SOUTH 42006'09" WEST 17.56 FEET TO A POINT ON THE NORTH
MARGIN OF BROWNS POINT ROAD AND TERMINUS OF THE EASEMENT
CENTERLINE.
CONTAINING 578 SQUARE FEET, MORE OR LESS.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Exhibit B (con't)
' CITY OF LYNNWOOD
'PARCEL#
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27040700107100
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RECORD OF SURVEY
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A.F.# 200301225001
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STEVEN FISHER
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PARCEL# 27040700101000
RECORD OF SURVEY
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DATE: 10/10/13 `f� r� to
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BENCHMARK SURVEYING LLC
1 1915 44TH DR. SE PRIVATE STORM' i
EVERETT, WA98208 ' TY OF L� 206-396-3199