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Seven Hills-Utility Easement Release & Storm Grant Agree.pdfUPON RECORDED RETURN TO City Clerk City of Edmonds 121 - 5t" Ave. N. Edmonds, WA 98020 11113 Ih 11111111111111111111111�IhA'N�I�{' NO XII E TAX REQUIRED `Y 0 9 281_ Space above this line for recorder's use Document Title or Titles: Utilities Easement Release and Storm Water Easement and Grant Agreement Name of Grantor: Seven Hills Properties 25 LLC, a Washington limited liability company Name of Grantee: City of Edmonds, a Washington municipal corporation Pages referencing additional names: None Prior Recorded Documents: 8005290185 and 8005300038 Abbreviated Legal Description: Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 36, Township 27 North, Range 03 East, Willamette Meridian, Snohomish County, Washington Additional Legal Description Found On: Exhibit A Assessor's Property Tax Parcel Number or Account Number: 27033600113300 and 27033600113200 C:\Users\Jonathan\AppData\Local\Microsoft\Windows\Ternporary Internet Files\Content.Out[ook\EOSTXED6\SevenHills_Edmonds_Storm _Water Easement.DOC 1 UTILITIES EASEMENT RELEASE AND STORM WATER EASEMENT AND GRANT AGREEMENT THIS UTILITIES EASEMENT RELEASE AND STORM WATER EASEMENT AND GRANT AGREEMENT (this "Agreement") is entered into as of the 30th day of April, 2013, by and between Seven Hills Properties 25 LLC, a Washington limited liability company ("Seven Hills") and the City of Edmonds, a Washington municipal corporation ("City of Edmonds"). Seven Hills is the fee owner of that certain real property located in Snohomish County, Washington is legally described on the attached Exhibit A (the "Seven Hills Parcel"). The Seven Hills Parcel is burdened by a reservation of utilities in a vacated street area pursuant to City of Edmonds Ordinance No. 2141 recorded with the Snohomish County Auditor on May 29, 1980 under Recording No. 8005290185 and on May 30, 1980 under Recording No. 8005300038 (the "Existing Utilities Easement"). Seven Hills desires that the Existing Utilities Easement be terminated and released by the City of Edmonds and Seven Hills further desires to grant the City of Edmonds a storm water easement on the portion of the Seven Hills Parcel legally described on the attached Exhibit B and depicted on the attached Exhibit C (the "Easement Area"). NOW, THEREFORE, in accordance with the foregoing recitals, Seven Hills hereby covenants and agrees with the City of Edmonds as follows: 1. Release of Existing Easement. The City of Edmonds hereby terminates and releases all right, title and interest of every nature held by the City of Edmonds, its successors and assigns arising under or accruing as a result of the Existing Utilities Easement. The termination and release of the Existing Utilities Easement shall be effective upon the recordation of this Agreement with the Snohomish County Auditor and upon such recording, the Existing Utilities Easement shall be null and void and of no force and effect. 2. Grant of Easement. Seven Hills hereby grants and conveys to the City of Edmonds a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction or replacement of a storm water pipeline and necessary appurtenances, over, across, through and below the Easement Area, and the further right to remove trees, bushes, undergrowth and other obstructions, excluding the building located or to be located upon the Easement Area, interfering with the location, construction, operation, maintenance, repair, reconstruction or replacement of such storm water pipeline and appurtenances, together with the right of access to the Easement Area at any time for the stated purposes. 3. Work Restoration. When necessary to maintain, repair, reconstruct and/or replace the storm water pipeline and appurtenances, the City of Edmonds shall have the right of entry for such purposes, provided that, when such entry is necessary, any such activity shall be performed in a workmanlike manner with all reasonable haste and using reasonable efforts to avoid causing any damage to, or interference with, any improvements on or within the Easement Area (including, without limitation, any other utility lines installed under, across or within the Easement Area) or on or within the real property adjacent to the Easement Area, and the Easement Area shall be restored to substantially its previous C:\Users\jonathan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EO5TXED6\Seven Hills—Edmonds—Storm—Water—Easement. DOC 2 condition as soon as reasonably possible, with the costs of such activity and/or restoration being borne by the City of Edmonds. At Seven Hill's request, the City of Edmonds shall mark on the surface of the Easement Area the exact location of the City of Edmond's actual or anticipated underground facilities in the Easement Area. In connection with the use of the Easement Area, the City of Edmonds shall: (a) use its best efforts to provide for the safety and convenience of all persons using the Easement Area; (b) regularly inspect, and, at all times, maintain the City of Edmond's facilities and related equipment in good order and repair and in proper operating condition; and (c) except in an emergency, all repair and maintenance work shall be performed such that the Easement Area shall not physically be disturbed except on weekends and with not less than fourteen (14) days prior written notice to Seven Hills. 4. Reservation of Rights to Use Easement Area. Seven Hills retains the right to use; (i) the surface area of the Easement Area to install parking, landscaping, fencing and similar or related improvements, and (ii) to the extent such use is not incompatible with the City of Edmond's use thereof, the subsurface areas of the Easement Area. Seven Hills specifically reserves the right to allow other utility lines to be installed under, across and within the Easement Area, provided such utility lines do not materially interfere with the installations of the City of Edmonds. The City of Edmonds shall not damage or cause interference with the operations of any improvements or facilities installed by such other authorized users of the Easement Area. 5. Liens. The City of Edmonds shall not permit any claim, lien or other encumbrances arising from the City of Edmond's use of the Easement Area to accrue against or attach to the Easement Area or the interest of Seven Hills in adjacent lands. 6. Seven Hill's Self -Help Remedies. If the City of Edmonds fails to perform any obligation set forth herein and fails to cure the non-performance of such obligation within thirty (30) days after written notice from Seven Hills (however, no notice to the City of Edmonds shall be required in an emergency), Seven Hills shall have the right, but not the obligation, to perform such obligation and be reimbursed for the reasonable cost thereof by the City of Edmonds within ten (10) days after receipt of a statement therefor along with any documentation substantiating the costs incurred by Seven Hills reasonably requested by the City of Edmonds. 7. Compliance With Laws. The City of Edmonds shall construct and maintain the City of Edmond's improvements in accordance with all applicable laws, rules and regulations. 8. Insurance. The City of Edmonds shall maintain comprehensive general liability insurance, including contractual liability coverage, with a minimum combined single limit of bodily injury, personal injury and property damage coverage of Two Million Dollars ($2,000,000.00), insuring against all liability arising out of or in connection with the use or occupancy of the Easement Area. Such insurance shall name Seven Hills, its lenders and property managers as additional insureds, shall specifically include the liability assumed under this Agreement by the City of Edmonds (provided, however, that the amount of such insurance shall not be construed to limit the liability of the City of Edmonds hereunder), and shall provide that it is primary insurance and not "excess over" or contributory with any C:\Users\jonathan\AppData\Local\Microsoft\W€ndows\Temporary Internet Files\Content.Outlook\EO5TXED6\Seven_Hilis_Edmonds_Storm_Water_Easement.DOC 3 other valid, existing and applicable insurance in force for or on behalf of Seven Hills. The policy shall not eliminate cross -liability and shall contain a severability of interest clause. 9. Indemnity. The City of Edmonds shall indemnify, protect, defend and hold harmless Seven Hills, its heirs and assigns for, from and against claims, liabilities, costs and expenses arising out of any act or omission of the City of Edmonds in connection with the construction, operation, or maintenance of the improvements. 10. Invalidity. If any provision of this Agreement shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11. Rights and Obligations of Successors. The restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land and shall bind and inure to the benefit of the parties and their respective heirs, representatives, lessees, successors and assigns. 12. Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Agreement nor in any way affect the terms and provisions hereof. 13. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the US Bankruptcy Code, is instituted, or the services of an attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating to this Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith (collectively, "Attorneys' Fees"). In the event of suit, action, arbitration, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 14. Modification/Severability. This Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered by the owner of the Seven Hills Parcel and the City of Edmonds or their successors in a form for recordation in the Auditor's Office of Snohomish County, Washington. Invalidation of any provision of this Agreement, in whole or in part, or of any application of a provision of this Agreement, by judgment or court order shall in no way affect other provisions or applications. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first written above. Seven Hills: Seven Hills Properties 25 LLC, a Washington limited liability company By: Castenada Investments, Inc., a California corporation, Member C:\Usersljonathan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EO5TXED6\Seven_HilIs—Ed monds_Storm_Water_Easernent.DOC 4 By: Thomas J. Rocca, President City of Edmonds: City of E onds,VVAshington municipal corpora o By:/ Dave Earling, Mayor ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: (�Affice-of the Cit At rney C:\Users\jonathan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EO5TXED6\Seven_Hills_Edr Is—Edmonds—Storm—Water—Easement. DOC 5 STATE O t County of } n e that Thomas J. Rocca is the person I certify that I know or have satisfactory eve enc who appeared before me, and said per so Iacknowledged which is a member soff Sevenigned s Hills Properties the President of Castenada Investns instrument as ent , and acknowledged it to be his free and 25 LLC, a Washington limited 1} bility company, voluntary act for the uses an -d purposes mentioned in this instrument on behalf of such limited liability company. , Dated: Notary Public in and for the State of , residing at: My appointment expires: � STATE OF WASHINGTON } ss. County of I certify that I know or have satisfactory r$apca knowledged that dence that De signed ave ing thissthe instrpment as erson who appeared before me, and said p the Mayor of the City of Edmonds, a Washington municipal corporation, on rati in and sack acknowledged It on to be his free and voluntary act for the uses purposes behalf of such Washington municipal corporation. Dated: Notary Public in and for the State of Washington, residing at: —�— My appointment expires: _�— C:1Users\jonathan\App ©ata\i_ocal\Microsoft\Windows\Temporary Internet 6 Files\Content, outlook\EOSTXED6\Seven_H ills_Ed monds_Storm_Water_Easement.DO an CALIFORNIA State of California County of On rtt� before me, -)Date personally appeared I _H re Bert Name 6d Title of the Name{s} of Signers} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanc�and official seal.,. , Spijgnature Pl: I Sig tui Notary Public Mace Notary Seal Above ®P @ IO SAL r Though the information below is not required by law, it may prove valuable to persons relying on Enig document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachedocurnentVAkr U�KYV Title or Type of Document: cgj Number of Pages: Document Date: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: 1 Corporate Officer — Titte(s): Individual Partner— L Limited 7i General Attorney in Fact Ll Trustee Li Guardian or Conservator -J Other: Signer Is Representing: Signer's Name: El Corporate Officer— Title(s): i Individual Partner — L] Limited ❑ General Attorney in Fact Ci Trustee Guardian or Conservator iJ, Other: Signer Is Representing: U 2010 National Notary Association NationalNotary.org i 800-llS NOTARY (1-800-876-6827} Item #5907 44x: E't Seven Hills Parcel Legal Description THE EAST 17802 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN, IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 0051'04" WEST, ALONG THE WEST LINE OF SAID SUBDIVISION, 210.00 FEET; THENCE SOUTH 88045'18" EAST, PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 37.50 FEET TO THE EAST MARGIN OF 100TH AVENUE WEST; THENCE SOUTH 0°51'04" WEST, ALONG SAID EAST MARGIN, 119.83 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 881144'17" EAST, ALONG SAID NORTH LINE, 292.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88044'17" EAST, ALONG SAID NORTH LINE, 304.61 FEET TO THE WEST LINE OF THE EAST 25 FEET OF SAID SOUTH HALF, BEING THE WEST MARGIN OF 98TH AVENUE WEST; THENCE SOUTH 0°29'27" WEST, ALONG SAID MARGIN, 285. 11 FEET TO THE NORTH MARGIN OF 230TH STREET SW, BEING A POINT ON A CURVE, THE CENTER OF WHICH BEARS NORTH 3°37'30" WEST 1,388.10 FEET; THENCE WESTERLY ALONG SAID MARGIN AN ARC DISTANCE OF 119.32 FEET TO A POINT OF TANGENCY; THENCE NORTH 88141'59" WEST, ALONG SAID MARGIN, 31.6.80 FEET; THENCE NORTH 01151.'04" EAST 239.92 FEET; THENCE SOUTH 88144'17" EAST 129.78 FEET; THENCE NORTH 0140'16" EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF VACATED 98TH AVENUE W WHICH INURED THERETO BY ORDINANCE NO. 2141, RECORDED MAY 29, 1980 AS RECORDING NO. 8005290185 AND ALSO RECORDED MAY 30, 1980 AS RECORDING NO. 8005300038, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARIES OF EDMONDS WAY (SR 104). C:�Users\Jonathan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\EoSTXEb6\Seven_HilIs—Edmonds—Storm—Water—Easement. DOC EXHIBIT B Easement Le all Descri tiion LEGAL DESCRIPTION — Storni Sewer Easement (15.00 feet wide) A strip of land located in a portion of the northwest quarter of the northeast quarter of Section 36, Township 27 North, Flange 3 East of the Willamette Meridian, City of Edmonds, Snohomish County, State of Washington, described as follows: Beginning at a point on the centerline of 981' Avenue West, said point being on the South line of the plat of "Olympic View Estates No. -1" and the centerline of that portion of 98' Avenue West vacated by Ordinance No. 2141, recorded May 29, 1980 as Recording No. 8005290185, Volume 1670, Page 2740, also recorded May 30, 1980 as Recording No. 8005300038, Volume 1670, Page 2868); thence Narth 88048'23" West along the South line of Lot 13 of said "Olympic View Estates Na, 1" a distance of 18.14 feet to the True point. of Beginning of the 15.00 feet wide (7.50 feet each side) easement area being herein described; thence leaving said South line of said Lot 13, South 2058'10" West a distance of 51.89 feet; thence South 3445'35" East a distance of 16.97 feet; thence South 00900'00" East a distance of 217.85 feet to a point on the northerly right-of-way line of Edmonds Way (S.R. No. 104) and the end of said easement strip. The sidelines of said strip of land shall be lengthened or shortened at their extremities to conform to the northerly and southerly boundary lines. C:\Users\jonathan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. outlook\E05TXED6\Seven_H i I Is_Edmonds_Storm_Water_Easement. DOC Depiction of Easement Location LOCATED IN THE NORTHWEST ONE-QUARTER OF NORTHEAST ONE -QUARTET? OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, CITY OF LDMONDS, SNOHOMISH COUNTY, WASHINGTON LOT 11 DATE_ FEBRUARY 26, 2013 -fES NO O I LOT 12 f LOT 13 S 88°48'23" E S 88°4923° S 2'5910'W — 7.50' WEST HALF OF EXiST1NG 50 -FOOT WIDE [1T U Y EASEMENT TO BE RELEAS 18.14' LOT 8 t LOT 7 50 0 50 SCALE 10 7.5(3' Ei�\tom\h�MIHH/IAIf' SURVEYED BY .. ------ OMR & Ukl)DUS SURVEYING, INC, 708 NE 238TH PLACE w000 VAuAGE, OREGON 97080-2921 593-667--8307 503-997-1100 503-740-9972 59.14' --�� 1 - o L=144.03' Ij t F-=_ tD M C:> r__.I O w /a Y L=319.47' -7-- 7- E7 F=Z� o L_� --r E r-4 � . -1 c., tet- j 1 C:1Users`jonathaDlAppData\LocallMicrosoft,,Windows\Temporary Internet Files\Content 51.89, S 34°463 M97' zo m centerline 15.00 feet wide public storm sewer m easement v +n N z s 00°00'0o° E 1--132 217.Bs----- 7.50' WEST HALF OF EXiST1NG 50 -FOOT WIDE [1T U Y EASEMENT TO BE RELEAS 18.14' LOT 8 t LOT 7 50 0 50 SCALE 10 7.5(3' Ei�\tom\h�MIHH/IAIf' SURVEYED BY .. ------ OMR & Ukl)DUS SURVEYING, INC, 708 NE 238TH PLACE w000 VAuAGE, OREGON 97080-2921 593-667--8307 503-997-1100 503-740-9972 59.14' --�� 1 - o L=144.03' Ij t F-=_ tD M C:> r__.I O w /a Y L=319.47' -7-- 7- E7 F=Z� o L_� --r E r-4 � . -1 c., tet- j 1 C:1Users`jonathaDlAppData\LocallMicrosoft,,Windows\Temporary Internet Files\Content