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2294_001.pdf'ITY CLERK CIVIC CENTER 16MONDS. WA 9SO20 CITY OF EDMONDS RECORD OF SHORT SUBDIVISION This is to certify that the properties as shown on the attached map (Exhibit "A") and described as follows: See Exhibit "B" onds Subdivision Ordinance have been divided under the provisions of the Edm onditions and (Sec.12.10) File No. S-7-89 subject to the following c requirements: 1. Exhibit "C" Hold Harmless Agreement 2. The following is requi.�ed for new residences on the property: a. Underground wiring. b. Hookups to City samitary sewer and water lines. c. Grading and drainage plans designed to City of Edmonds standards. d. Address and privat road signs on 9th Ave. S. e. Storm water runoff plans designed to City of Edmonds standards. 3. The road must be paved within one year. A right-of-way construction permit is required for this work. Wi th iL 4. New sidewalk panels must be poured n one year. A right-of-way construction permit is required for this work. I/we verify that I/we are the legal owner(s) of the property described above. I/we warrant that all representations are true and correct and understand that in the event of any misrepresentation or failure to comply with the conditions and regulations set forth herein, the City of Edmonds shall have the right to declare that subdivision void and record a statement to that effect in the Grantor -Grantee's Index in the office of the Snohomish County Auditor. L= CM Ln < C." act C_ CD <C) LC LI-r- tNH�k��, STATE OF WASHINGTON) ) ss: COUNTY OF SNOHOMISH) SIGNED:aA_�,-- V. I On this day personally appeared before me ls descri e n and who executed the within :5—me—F—nownt o bi e t I in I �1.1 u %Aqr signed the and foregoing instrument, and acknowledged that for the uses and same as free and voluntary act anT_d_eiid, purposes therein mentioned. day of W Given under my hand and official seal this CITY OF EDMONDS :. 1p1L_P&k1-At1A& - DIV. F-KAN! 1 , " Q BY �4_4��DATE_c 71(:f REMARKS ��5�Z�A N& - � C) P� G? 7&_2CF��, % t:�o _Nof`a`r�y Pub ic in and for he Sta of Was hington residing at C1. Y CLERK CIVIC CENTER EDMONDS, WA 98020 EXHIBIT "C" owners, and all persons having any present or subsequent ownership interest in these lands, and the successors and assigns of owners or other parties having any said interest, hereby agree that the City of Edmonds shall be held harmless in all respects from any and all claims for damages for injunctive relief which may be occasioned now or in the future to adjacent land or improvements by reason of the construction, operation and maintenance of the drainage system and hereby waive and release the City of Edmonds from any and all claims for damages, excluding damage caused solely by an act or omission of said City and injunctive relief which the owners, or their successors or assigns, may themselves have now or in the future by reason of the construction, maintenance and operation of said drainage system. CITY OF EDMIADS DIV. DATE---2�7(qO REMARKS__ 9003020 214L vu.2314PMAOS EXHIBIT A __CITY CLERI -9 "" A Vd- .7.: -4. Sk. nww. Jew Z". 07 ICY 5e7 % 26 *k 1% d 7, co�,j CO C+ 0 W I 10 dWW4" th Zq Hal, '-0- k Land Surveyor's Certificate This short plat correctly represents a survey made by me or under my -direction in confor- mance with the requirements of appropriate state and county statute and'_oidihazfd-e--.­ �Igend"OAaroe Certif icate :No. 6012 Feb. 22, 1989 0 0 p Mullins OrT. 0 0 Is (D 0 C Ef z Uluf sen LEGE11D Set rebar & I.D. cap 2 _� ccdc_ jea N 0 T 1-7: Refer to City of Edmonds Shor ision Wo. 0,7 fi,,le No. S-7-89 for complete information. t �&" $040 t ft Cl: V �2,-_ i7�. I,,!. CITY OF tDMONDS DiV. T D kt-�& BY DATE 411D AT 5 Icto REMARKS 4e %Z of WO 90030 �ini CITY CLERK CITY OF EDMONDS CIVIC CENTER f4 I R& DIV, EDIYIONE)�, WA 98020 LEGAL DESCRIPTIONS RL-5 # �2-7-WDAT'2kdofo EXHIBIT'B - TRACT TO BE SUBDIVIDED: That portion of the northeast quarter of Section 25, Twp. 27 N-9 R. 3 E.W.M., in Snohomish County, Washington., described as'follows: Beginning at the north one -quarter corner of said Section 25 and running thence along the west line of said subdivision S 0 0 00'00"W 504.00 feet; thence S 88035'36"E 30-01 feet to the east margin of 9th Avenue and the true point of beginning;thence cont- inuing S 88035'36"E 326.00 feet to an existing fence; thence along said fence line S 0 0 14'00"W 236.8o feet to an existing fence; thence along said fence line 0 N 88052'27"W 325-00 feet to the east margin of 9th Avenue; thence Along said margin N 0 00'00"E 238.41 feet to the true point of beginning. LOT 1: That portion of the northeast quarter of Section 25, Twp. 27 N., R. 3 E.W.M., in Snohomish County, Washington, described as follows: Beginning at the north one -quarter corner of said Section 25 and running thence along the west line of said subdivision S 0 0 00'00"W 5o4.00 feet; thence S 88035'36"E 30-01 feet to the east margin of 9th Avenue and t�e true point of beginning; thencS cont- inuing S 88035'36"E 128.00 feet; thence S 0 14100"w 139-00 feet; thence S 79 36142"W 71.60 feet; thence westerly along the -arc of a curve to the right, having a radius of 205-05 feet, a distance of 37-18 feet to a point of compound curvature; thence northwesterly along the are of a c 8 rve to the right, having a radius of 20 feet, a distance of 31.42 feet; thence N 0 00'00"E 138.41 feet to the point of beginning. LOT 2: That portion of the northeast quarter of Section 25, Twp. 27 N., R. 3 E.W.M., in Snohomish County, Washington, described as follows: Beginning at the north one -quarter corner of said Section 25 and running thence along the west line of said subdivision S 0 0 00'00"W 5o4.00 feet; thence S 88035'36"E 158.ol feet to the true point of beginning; thence continuing S 88035'36"E 198.00 feet; thence S 0014,00llw 133-00 feet; thence N 88052127"W 148.00 feet; thence along the arc of a curve to the left, having a radius of 250 feet, a distance of 50.24 feet; thence N 00 14'00"E 139-00 feet to the true point of beginning. LOT 3: That portion of the northeast quarter of Section 25, Twp. 27 N., R. 3 E.W.M., in .Snohomish County, Washington, described as follows: Beginning at the north one -quarter corner of said Section 25 and running thence along the west line of s*d subdivision S 0 0 00'00"W 5o4m feet; thence s 88 0 35'36"E 30-01 feet to the east margin of 9th Avenue; thence along said margin S 0000'00"W 238.41 feet to the true point of beginning; thence N 0 0 00'00"E 4o.00 feet; thence northeasterly along the arc of a curve to the right, having a radius of 20 feet, a distance of 31.42 ,oq4 feet to a point of reverse curvature; thence easterly along the arc of a curve to the left, having a radius of 225.'05 feet, a distance of 40.80 feet; thence N 79036142"E 71.60 feet; thence along the arc of a curve to the right, having a radius of 230 feet, a distance of 46.22 feet to a point of compound curvature; thence southeasterly along the arc ofoa curve to the right, having a radius of 25 feet, a distance of 39.27 feet; thence S 1 07'33"W 58-79 feet; thence N 88052'27"W 200-38 feet to the point of beginninE LOT 4: That portion of the northeast quarter of Section 25, Twp. 27 IT., R. 3 E.W.M.,' in COZ Snohomish County, Washington, described as follows: Beginning at the north one -quarter corner of said Section 25 and running thence along the west line of 0 said subdivision S 0 0 00100"W 504.00 feet; thence S 88035'36"E 386.ol feet; thence S o 14,00"W 133-00 feet to the true point of beginning; thence N 88 52'27"� Crd' 72.00 feet; thence S 1007'33"W 20.00 feet; thence N 88052'27"W 10.00 feet; thence southwesterly along the are of a curve to the left., having a rp.dius of 25 feet, a dist- ance oof 39.27 feet; thence N 88052'2z "W 16.00 feet; thence S 1 0 07'33"W 58-79 feet; then( s 88 52'27"E 124.62 feet; thence N 0 14'00"E 103.8o feet to the true point of beginning. M -0 TRACT A: That portion of the northeast quarter of Section 25, Twp. 27 N., R. 3 E.W.M., in 0 . Snohomish County, Washington, described as follows: m '-"-iBeginning at the north one -quarter corner of said Section 25 and running thence along ___0i-"-'the west line of said subdivision S O'00'00"W 504.00 feet; thence S 880 35'36"E 30-01 0 feet to the east margin of 9th Avenue; thence along said margin S 0000'00"W 138.41 feet 'F ��F-,ito the true point of beginning; thence southeasterly along the are of a curve to the left, having a radius of 20 feet, a distance of 31.42 feet; thence easterly along the arc of a cu6ve to the left, having a radius of 205-05 feet, a distance of 37-18 feet; thence N - 73 36142"E 71.6o feet; thence along the arc of a curve to the right, having a U) 0 G) radius of 250 feet, a distance of 50.24 feet; thence S 88 52127"E 76.00 feet; thence S 1007'33"W 20.00 feet; thence N 88052'27"W 10-00 feet; thence along the are of a curve :< to the left, having a radius of 25 feet, a distance of 39.27 feet; thence N 88052'27"W 16.00 feet6 thence northwesterly along the arc of a curve having a radius point which bears N 88 52127"W 20 feet from the last described point, a distance of 39.27 feet; thence westerly along the arc of a curve to the left, having a radius of 230 feet, a distance of 46.22 feet; thence S 79036,42"W 71.6o feet; thence along the arc of a curve to the right, having a radias of 225-05 feet, a distance of 40.80 feet; thence along th( arc 0 of a curve to the left, having a radius of 20 feet, a distanc f 31 42 fe c N 0 00'00"E 6o.00 feet to the true point of beginning. voL. H1.4 PAGE lt�fq TY CLERK CIVIC CENTER EDMONDS, WA 98020 EXHIBIT D EASEMENT, REPAIR AND MAINTENANCE AGREEMENT THIS AGREEMENT is made this ,,.kday of February, 1990, by Dennis E. Kenny, Executor under the Estates of Francis J. Kenny and Bernadine A. Kenny, deceased. For and in consideration of the mutual covenants contained herein, the party hereby agrees as follows: 1. Sublect Matter. The undersigned is the owner of real estate located in the City of Edmonds on Ninth Avenue South, County of Snohomish, State of Washington, legally described in attachment "All appended hereto and by this reference incorporated herein. There exists on this property, in addition to four residential lots, a roadway and utilities easement described as Tract A as to which each of the surrounding four lots shall have an undivided one -quarter interest. This easement is for ingress, egress, utilities and turn -around purposes and is designated as Tract A in the attached legal description. It is the undersigned's desire by this Agreement to provide a method for maintaining in good repair this easement, Tract A, and improvements thereto. 2. Maintenance and Repair of Easements. The undersigned has short platted the subject property into four lots. It is intended that the owner of each lot shall contribute his/her proportionate share of twenty-five percent (25%) of the total cost thereof to repair and maintain the referenced easements and rights -of -way comprising Tract A. As to the letting of contracts, in determining the nature of work to be done and whether, in fact, repair and maintenance are required, the vote of the majority shall control In the case of tie, the parties shall agree on the appointment of an individual who shall be allowed to -cast a vote breaking the tie and the parties agree to be bound by that determination. In the event that the parties cannot agree on the appointment of a third person to break the tie, then the matter shall be presented to the presiding judge of the Snohomish County Superior Court who will appoint a third party whose vote breaking the tie shall be conclusive and binding. CITY OF EDMONDS t7wLQ Lc>9 �R t_s4+ �,-_7- CC DA T E REMARKS 1 nd)Aoinon o-t A 1 1 Itt,2314PO-3A CITY CLERK CIVIC CENTER EDMONDS, WA 98020 EXHIBIT D (CONT'D) In the event any property owner fails to pay his/her proportionate share of the expense, the amount of "assessment" which a property owner fails to pay shall be (i) a debt lawfully owing to the remaining lot owners, and (ii) a lien upon that property owner's interest in his/her lot and Tract A. Said lien shall be forecloseable in the same manner as a mortgage. Suit to recover a money judgment for unpaid common expenses may be maintained without foreclosure or waiving the lien securing the same. The other property owners may also initiate action to foreclose the lien of any assessment. In an action to foreclose a lien against any property owner for non-payment of his/her proportionate share of expenses, judgment shall include a reasonable sum of attorneys' fees and all costs and expenses reasonably incurred in preparation for or in prosecution of said action, in addition to taxable costs permitted by law. A suit for money judgment shall also include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in prosecution of said action, in addition to taxable costs permitted by law. 3. Binding Upon Successors and Assigns. This Agreement shall be binding upon the party hereto, and his respective heirs, successors and assigns, personally, including but not limited to all succeeding property owners d the covenants herein made and given shall run with the land diNcribed aoovq., Dennis E. STATE OF WASHINGTON COUNTY OF 14�L2Q ss. This is to certify that on this 02o_Y`-­day of Zwaw 1990, A.D., before me, the undersigned, a notary public, /__q personally appeared Dennis E. Kenny, to me known to be the individual who executed the within dedication and acknowledged to me that he signed the same as his voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal the day and �71 above written. Notary tbblic An and for��the State�gf �ashinqton, residing aX. My commission expires: CITY OF EDYMONDS kw�-Ut-� IPL V uc" t4rt4 REMARKS co 9003020214