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RECORDED-NGPE.pdfReturn Name & Address re & r k 5— �V�N'I�N�AiI�2" 002050283 4 PGS I�II�pIYIiN'WIiPV� 0210512010 1:19 j65,00 Document Title(s) A�j e- eAl Reference Number(s) of Related Document(s) Grantor(s) d, J, I (A) /Js Pro.,ge L)i �le,) Grantee(s) 01�" YNl l�l'?tls 14C, Additional Reference #'s on Page Additional Grantors on Page _ Additional Grantees on Page_ Legal Description (abbreviated form: ie Lot/Block/Plat or Section/Township/Range) Assessor's Property Tax Parcel/Account Number Legal on Page Additional Parcel #'s on Page _ The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. NATIVE GROWTH PROTECTION EASEMENT THE GRANTOR, WNS Property Investment, Inc., a Washington Corporation, for and in consideration of the adoption of a Development Agreement approved by the Edmonds City Council, hereby grants and conveys to the Grantee, the City of Edmonds, a Washington municipal corporation, its successors and assigns, a perpetual native growth protection easement in, on, upon, over, under, across, along and through the real property legally described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("NGPE Area" herein). This easement is established in order to preserve native vegetation within the NGPE Area for all purposes that benefit the public health, safety and welfare, including controlled surface water erosion, visual and aural buffering, protection of plant and animal habitat, replanting and restocking of plants or animal habitat, and any other actions deemed necessary by the Grantee to preserve and protect the native vegetation within the NGPE Area. Grantor shall maintain the NGPE Area in a substantially natural state. With the exception of the removal of vegetation that is dead, diseased or hazardous, as determined by a licensed or certified arborist in a report to be submitted to and, except in an emergency, approved by Grantee, no clearing, grading, filling, building, fence construction, or road construction of any kind shall occur within the NGPE Area. This easement and the conditions thereof shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the owners of the land. The Grantee, its successors and assigns, shall have the right but not the obligation without prior institution of any suits or proceeding of law, at any time as may be deemed necessary by the Grantee, to enter upon said easement for the purpose of protecting and preserving the NGPE Area. Nothing in this easement shall obligate the City of Edmonds to perform any activity or to utilize the easement for any purpose. Grantor hereby warrants that it is the owner of the above-described property and has the authority to convey such easement. [Signatures on Following Page] REQUIRED 2010 KIRKE &EVERS, Toho . Counly Treasurer NATIVE GROWTH PROTECTION EASEMENT 1 Dated this day of February, 2010_ WNS Property Investment, Inc. By:— Its: STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that (:a e f2 3 k is the person who appeared before me, and said person acknowledged at th he/she was authorized to execute the instrument and acknowledged it as U of to be the free and voluntary act and deed of such party for the uses and purposes mentioned in this instrument. DATED: 7!� r 7'010 Public , OUSTER SIU EXPIRES NATIVE GROWTH PROTECTION EASEMENT (Signature) (Print Name) NOTARY PUBLIC My appointment expires: 1) Exhibit A Legal Description of Native Growth Protection Easement Area THAT PORTION OF LOTS 1, 2, 3, 4, 5, 12, 13 AND 14, FORSHEE'S FIRDALE VILLAGE AS PER PLAT RECORDED IN VOLUME 14, PAGE 27, SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 , FIRDALE VILLAGE NO.5 AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 45 RECORDS OF KING COUNTY, WASHINGTON: THENCE N88°26'52'W ALONG THE SOUTH LINE THEREOF A DISTANCE OF 75.19 FEET TO THE SOUTHEAST CORNER OF LOT 7 SAID FIRDALE VILLAGE NO.5: THENCE S01 °33'10W A DISTANCE OF 30.00 FEET: THENCE N72021'54"W A DISTANCE OF 108.30 FEET TO THE SOUTH LINE OF SAID FIRDALE VILLAGE NO.5: THENCE N88°26'50"W A DISTANCE OF 226.56 FEET TO THE SOUTH WESTERLY LINE OF SAID PLAT: THENCE S44°12'30"E A DISTANCE OF 28.67 FEET TO A POINT ON A LINE THAT IS 20.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PLAT: THENCE S88°26'50"E ALONG SAID LINE A DISTANCE OF 203.20 FEET: THENCE S72°21'54"E A DISTANCE OF 132.06 FEET: THENCE N01 °33'10"E A DISTANCE OF 24.58 FEET TO A POINT ON A LINE THAT IS 32.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PLAT: THENCE S88026'52"E ALONG SAID LINE TO THE EAST LINE OF LOT 2 FIRDALE VILLAGE AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, PAGE 27 RECORDS OF SAID COUNTY: THENCE N01 °43'07"E ALONG SAID LINE A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. NATIVE GROWTH PROTECTION EASEMENT 3