Loading...
STORM DRAIN EASEMENT - NOT RECORDED.pdfCITY COPY REsuB APR 0 � 2N BUS II nF EnPMARRTNDSI�IT May 25, 2017 Jennifer MacKinnon Sunrise Edmonds Condominium 8612 242' St SW Edmonds, WA 98026 RE: _ Edmonds Apartments, 8509 240 St. SW Notice of intent to provide a storm water easement Vista REI LLC, owner of the property located at 8509 244'" St. SW, Edmonds, WA 98026, is requesting that you allow their storm water outfall pipe be tied into your existing storm drainage system. This will allow our storm water to get to the city's storm water collection system. Due to the fact that our site is landlocked we need to cross adjacent property to interface with storm drains in the public right of way. The following activities and agreements will be a part of this agreement when written: 1. A storm drain outfall pipe will be installed from a catch basin on our site to the existing southern -most catch basin in your driveway. 2. The rockery and fencing where the pipe goes between properties will be modified as required to get the pipe between properties and returned to It a finished condition. 3. Your existing parking area storm drainage system will be cleaned through your driveway down to the right of way at 242 . 4. Paved area to the south of the catch basin we tie into will be repaired and sealed to extend its life. 5. A maintenance agreement will be developed for both properties to participate In future corrections, repairs or maintenance required for the long term life of the storm drainage system Attached is a diagram showing how the storm water pipe will run through your property and where it will tie into the existing system. Please sign this document acknowledging that an easement will be granted once all of the details have been worked out. We will prepare the legal document for your review and signature and the easement will be recorded in Snohomish County and become a part of the title for both properties. 4rnif4 ox— cKin Roy Gursli Vista REI LLC Date 5-22-17 Date: 5-22-17 Page 1 of 1 RESUB JAN 0 3 2018 8UA.bWG DEPARTMENT M, Y OF EIDMONDS Grantor: Sunrise at Edmonds Condominium Owners Association Grantee: Vista REI LLC Abbreviated Legal Description: Sunrise at Edmonds Condominium Owners Association survey map and plans recorded and auditor's number 9211255001 Additional Legal Description: On page _ of document Assessor's Tax Parcel ID Nos 0081200000010 Through 00812000001200 Inclusive Project Name: Nyland Apartments Permit No.: BLD2017-0899-0900 10 Storm Drain Easement THIS INSTRUMENT is made and entered into this 20 day of November 2017, by and between Sunrise at Edmonds Condominiums Owners Association ("Grantor"), and Vista REI, a Washington Limited Liability Company ("Grantee"). Grantor, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims to Grantee and to its successors and assigns an easement for Storm Drainage with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair over, under, though, across and upon the following described real property, situated in King county, Washington: SEE EXHIBIT ""A" ATTACHED Utility Easement Page 1 of 5 The Land owned by the Grantee identified here in is determined on Exhibit B attached here to. Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above -referenced property, as generally depicted in Exhibit "B," attached hereto and made a part hereof, including any immediately adjacent incidental areas, with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing Storm Drainage facilities, or making connections to those systems, without incurring any legal obligation or liability, provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be restored to substantially the same condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use does not interfere with the Grantee's uses as described in this document. Under no circumstances shall any structures be placed or erected on this easement. Grantor shall not change the surface grades, except as approved in advance by the Grantee, in any manner that would unreasonably interfere with ingress, egress and access by the Grantee for the installation, operation, maintenance, extension, construction, reconstruction or repair of the facilities. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors, heirs and assigns, and all future owners of the real property affected by this easement. The equipment described herein shall benefit the lands owed by the grantee and said easement shall run with the land. GRANTOR: Sunrise at Edmonds Condominium Owners Association, By: Utility Easement Page 2 of 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of SFGVI Properties, LLC, a Washington limited liability company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the of Washington, residing at My appointment expires APPROVED AS TO FORM: P:\Civil\Forms\Deeds,Easements,Qui[ClaimDeed,Leases\Utility Easement docx Utility Easement Page 4of5 State