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Dufeasement.pdfr After recording return to 6WO&}t&d i b1&0-n1YJ Ctv�xT��• •�^-1 r etrn oils, WA gg0z0 CHICA619 I X23 - Title of Document: Set Back and Landscape Easement Reference Number(s) of Document assigned or released: 200505300626.001 NO EXCISE TAX 3 REQUIRED JUN 3 0 2005 BOB OANTINI, Snahonsh County Rentim 8 agp-- TINI 00506300626 4 PGS 06-30-2005 09.58am $22.00 SNOHOMISH COUNTY, WASHINGTON Not App) icable Grantor(s) (Last name first, then first name and initials: Goodnight Brothers Construction, Inc a Washington Corporation Grantee(s) {Last name first, then first name and initials: Goodnight Brothers Construction, Inc a Washington Corporation Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Additional legal on page 1 & 2 of document(s) / )11( Portion of Lots I 1 and 12, City of Edmonds Plat, Vol 2 Plats, Page 39�] /� Assessor's .Property Tax Parcel/Account Number(s): 00434207101100 � tl SETBACK AND LANDSCAPE EASEMENT This agreement is entered into between Goodnight Brothers Construction, Inc., a Washington Corporation (hereinafter referred to as "Grantor") and Goodnight Brothers Construction, Inc , a Washington Corporation (hereinafter referred to as "Grantee"). RECITALS A. Grantor is the owner of real property legally described as Lots 11 and 12 Block 71, City of Edmonds, according to Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington. B. Grantee is the owner of real property legally described as Lots 13, 14 and 15, Block 71, City of Edmonds, according to Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington TITLE INSURANCE COMPA6'Y MS AI.tCi.3 THIS DOCUMENT OF RECORD AS A CUSTOMER, COURTESY AND ACCEPTS NO LIABILITY FOR THE Declaration of Easement _i„ A=AACY OA VALIDITY OF THE DOCDTdEHT — - - 200506300626.002 C. Grantor and Grantee wish to establish a setback and landscape easement in favor of the Grantee's property. _. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises between the parties and other valuable consideration, the parties agree as follows 1. Grantor hereby grants and conveys to Grantee and future owners of the property described in paragraph B above a perpetual set back and landscape easement over the property described as follows - The East 3 4 feet of Lot 12, Block 71, City of Edmonds, according to Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington. Grantee shall be entitled to the exclusive use this area for landscaping and other purposes normally associated with ownership of the property Grantor shall not place any structures within the easement area. 2. Grantee at their own expense shall maintain the lawn, walkways and any vegetation within the easement area The area shall be kept free from weeds and shall be regularly mowed and/or weeded and nothing shall be stored or parked in this area. If Grantee fails to maintain the area free of weeds fails to regularly mow the lawn or otherwise violates the terms of this agreement, then Grantor shall provide written notice of deficiency to Grantee. If Grantee fails to correct the deficiency within 10 days after notice is mailed, then Grantor may (but is not required to) have the work performed by a landscape company at the expense of Grantee. 3 In addition Grantor agrees that any fence along the east border of its property shall be set back a minimum of 7 feet from the east boundary of the lot. 4. Grantor shall be entitled to use the easement area for any purpose not inconsistent with the above granted easement rights This includes, but is not limited to: underground utilities. All density rights to the property shall remain with Grantor's property Grantor shall be entitled to determine set back lines from the property line and shall not be required to measure the set back from the edge of the easement 5. If Grantor needs to disturb the existing landscaping for any purpose, then upon completion of construction of any work performed by Grantor in the easement area, Grantor shall remove all debris and restore the surface of the property as nearly as -possible to the condition which it was at the time of commencement of such work. If Grantor removes trees or shrubs for such construction Grantor shall not be required to Declaration of Easement -2- 200506300626.003 replace said trees or shrubs or compensate Grantee for their loss Grantor shall make reasonable efforts to avoid removal of trees or shrubs b The easements, covenants, and restrictions herein shall inure to the benefit of and bind the successors of the respective parties and shall run with the lands described above. 7 Grantor shall have no obligation or responsibility to maintain or repair the landscaping or easement area Grantee does hereby release, indemnify and promise to defend and save harmless Grantor and from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee and Grantee's servants, agents, employees and contractors in the exercise of the rights granted herein; Provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Grantor or Grantor's agents or employee. 8. Grantee shall not use the location of a fence between the properties or the set back area as evidence of an agreement between the parties regarding location the boundary line between the party's properties. Nor shall Grantee use the location of a fence, or the manner of use of the set back area or the property immediately adjacent to the fence, as evidence to support of any claim for adverse possession, prescriptive easement, or any similar claim of property ownership In consideration of this Agreement and other good and valuable consideration, Grantee waives any claim to ownership of any portion of the Grantor's property (as described herein). 9. This easement shall be effective upon recording 10. In any dispute or legal proceeding (whether arbitration or court proceeding) concerning the terms of this easement the prevailing party shall be awarded reasonable attorney fees and costs to any court or arbitration proceeding initiated to enforce any provision of this instrument. Venue for any such action shall be Snohomish County. Grantor and Grantee GOODNIGHT BROTHERS CONSTRUCTION, INC by: � Z—� , - e�� Brian Goodm Declaration of Easement -3- 200506300626.004 STATE OF WASHINGTON } )ss COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that Brian Goodnight, signed this instrument as President of Goodnight Brothers Construction, Inc., and on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Goodnight Brothers Construction, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned to the instrument. Dated thisg day of 2U —051- N r �1 C 1 <f�,, „.. ��S3,oa +4 ti Uzi rtnt Name: n i.i nHt�N u+q o°'may' Z TARP PU LIC in and for the `a=v 1 1 �tat� of Washin�n, residing o'�►�Sy aLou an f�7Zt My appointment expires zbb Declaration of Easement -4- AV0 EXCISE TAX REQUIRED After recording return to: AUG 12 2005 GooDn�9ht Brc)fhe rs co nsf-rL4, D h BOB OAHTINI, Snohomish County Treasurer PQ 130K 6bri By BOB DANTINI Ed rnonds, wh Q $oZv CONFORMED COPY 200508121023 3 PGS 08-12-2005 03:45pm $34.00 SNOHOMISH COUNTY, WASHINGTON Title of Document: Amendment to Set Back and Landscape Easement Reference Number(s) of Document amended: 200506300626 Grantor(s) (Last name first, then first name and initials: Goodnight Brothers Construction, Inc. a Washington Corporation Grantee(s) (Last name first, then first name and initials: Goodnight Brothers Construction, Inc. a Washington Corporation Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Additional legal on page I & 2 of document(s) Portion of Lots I i and 12, City of Edmonds Plat, Vol. 2 Plats, Page 39 Assessor's Property Tax Parcel/Account Number(s): 00434207101100 AMENDMENT TO SETBACK AND LANDSCAPE EASEMENT This Amendment executed by Goodnight Brothers Construction, Inc., a Washington Corporation (hereinafter referred to as "Grantor") and Goodnight Brothers Construction, Inc., a Washington Corporation (hereinafter referred to as "Grantee"). RECITALS A. The parties previously executed a Set Back and Landscape Easement which was recorded under Snohomish County Auditor's File Number 200506300626 and wish to amend the terms thereof. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises between the parties and other valuable consideration, the parties amend the Set Back and Landscape Amendment of Easement _I_ Easement which was recorded under Snohomish County Auditor's File Number 200506300626 to add a new paragraph 11 which reads as follows: 11. In the event that the house on Lots 13, 14 and 15, Block 71, City of Edmonds, according to Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington (Grantee's property described in the Setback and Landscape Easement) is torn down, demolished or destroyed, then any new structures placed or built upon said lots shall be built with all required set backs from the property line between the properties described in Sections A and B above. In that event this then this Agreement shall terminate and be of no further force and effect. Upon request Grantee and Grantee's heirs, successors and assigns shall sign any documentation reasonably required to release and terminate this easement. The Owner of Parcel A shall relocate the existing fence placed on the edge of the easement to the property line between Parcels A and B. Any landscaping in the easement area shall belong to the owner of Parcel A and said owner shall have sole use and possession of the easement area. This paragraph shall not apply if the existing house is remodeled in its current location and not torn down, nor demolished nor destroyed. In such case the easements created under Snohomish County Auditor's File Number 200506300626 shall remain in full force and effect. Grantor and Grantee GOODNIGHT BROTHERS CONSTRUCTION, INC. b Goodnight,Pres lent Amendment of Easement -2- STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) )ss I certify that I know or have satisfactory evidence that Brian Goodnight, signed this instrument as President of Goodnight Brothers Construction, Inc., and on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Goodnight Brothers Construction, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of 20� ' 6" t A. C,44 4 Pri "t NiLme: NOT�i.'ItY PUBLIC in and for the State of Washingtpn, residing in WsZ _ - U'A 15 Av131 My appointment expires )63S c` i11oF WASNk" 1111�� Amendment of Easement -3- DAYTON ST N 'Y [N rkA55 O[Sif 111 Ldl(Q t1 -T5, Bled 71, City of EmwWs• ttaadlog to the pial 1 NI5E9. A,lnM NFACE thereof reeaded In Volvo 2 of plate, Rdgo(,) 39. 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A FEAST By AIV OF SM W'111NE —•-------•—� i t� TO I + i M lL y f' 6 IN a a i r {i I ---Marl ---•� WALNUT ST i 'E IN IRAs$ DISK IN IANC L% IN Sm GAS THE CWMS SHM HETWEENT A CMILATIDN OF WASL6EIEt1f5 WDE DMING THIS SPRY, PMIM SLRYEYS FefENOED DY THIS FIwA PUBLIC NEOMM SAtYEYs All? IMICEPA lECML k"ISS OTIERBISE M1TE➢. TIE SPH UN ea rl, 14 POW IN APRIL, 20K FIELD 2NSTN"ATIM HAS A LEICA 7M TOTAL STATICrt SIHPIEIENTED 11TH A STEEL TAPE BOTH LAST CAL OUTED WITHIN THE YEAR AT lK Sup POINT eAMLIIi THIS SLRYEI' NMTS OR EHCF)]I5 FIELD TRAVERSE STANVM FEH BAC 372.130. THIS $JV WS PWM0 IITW THE BENEFIT OF A TITLE RMT AHI M HOT PlOM TO Sip My OR ALL EASEUM OF RECOPD. THE ORSHENO SNAH" WHEN M NOT IECESSARB,Y CONTAIN ALL OF THE 11ipW011ICR ODTA[Ka OR DEVELOFEC By THE SURVEYOR IN HIS FIUD BORN, OFFICE ft% ON RESEARCH 300Smi"A11 RECORDER'S CERTIFICATE LEON. DESCWIPT1ON Np i Ldl(Q t1 -T5, Bled 71, City of EmwWs• ttaadlog to the pial _ thereof reeaded In Volvo 2 of plate, Rdgo(,) 39. 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