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BLD1989-0256 MISC DOCS0@ Pioneer National Title Insurance Company WASHINGTON TITLE DIVISION 'fled for Record at Request of ro 1HIS SPACE RESERVED FOR RECORDER'S USE: Quit Claim Deed THE GRANTOR L.' for and in consideration of«--.� convey and quit claim to (2 / r'y v P LW /)� D /V D j the following described real estate, situated in the County of 5'N O IV o Ai / 5-,Al State of Washington including any interest therein which grantor may hereafter acquire; REVENUE STAMPS FORM L56 R The Easterly 10.00 feet of Lots 5 and 6, Block 60, Plat of Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, page 38, Records of Snohomish County, Washington, as measured perpendicular to the East line thereof. together with the right to make all necessary cut or fill slopes on the land of grantor's adjacent to the above -described real property in connection with the construction, maintenance or improvement of the above -described real property for purposes of a public roadway. Dated this ar o.' :.: ru ........ :....A: .................(52AL) STATE OF WASHINGTON, ss. County of �'U�<_li )�46 // I A, On this day personally appeared before me to mP known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as /f free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my band an official. seal tl�is< ; ,, / day of R is > �l lE; } ............................. ta,y Public in and for tyke State of War kiRdton, MAR 1 0 kE ld ► N> l'ZJ B t.�': Gridina at y� 19.18 .9 �. w * PERMIT COUNTER 0r wA�� Q@ Pioneer National Title Insurance Company WASHINGTON TITLE DIVISION 'fled far Record at Request of InN 1HIS SPACE RESERVED FOR RECORDER'S USE. Quit Claim Deed THE GRANTOR 4`1� for and in consideration of W.--_ convey and quit claim to 0 / 7-r a r- G`D /h e /v 0 j the following described real estate, situated in the County of 5'No H D Al / s/-/ State of Washington including any interest therein which grantor may hereafter acquire: REVENUE STAMPS FORM t5e R The Easterly 10.00 feet of Lots 5 and 6, Block 60, Plat of Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, page 38, Records of Snohomish County, Washington, as measured perpendicular to the East line thereof. together with the right to make all necessary cut or fill slopes on the land of grantor's adjacent to the above -described real property in connection with the constructiori, maintenance or improvement of the above -described real property for purposes of a public roadway. Dated this STATE OF WASHINGTON, ,,�,�.,�� ss. County of "S1b1e7hc'1,))a=a/9 day of ...............(s�.::) - On this day personally appeared before me to mP known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that b Y signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. __ GIVEN under my band an ^afftc l seal -this, c., o PERMIT COUNTER WAb\v' P day of-rz��c+�� / y J ..............l7tl%Z ..................._. ..... ta.y Public i» and Jo. tAc Statt of WasJFiwtto>s, iiridin` at - h eg Pioneer National Title Insurance Company -WASHINGTON TITLE DIVISION I fc+r Record at Request of ro THIS SPACE RESERVED FOR RECORDER'S USE: Quit Claim Deed THE GRANTOR L /_ p 4`1� for and in consideration of V-0 convey and quitclaim to 0 / 7' y a F G i% /h D,v D 5 the following described real estate, situated in the County of 5'IV -0 I/ o 41 f/ State of Washington including any interest therein which grantor may hereafter acquire: REVENUE STAMPS FORM LDOIt The Easterly 10.00 feet of Lots 5 and 6, Block 60, Plat of Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, page 38, Records of Snohomish County, Washington, as measured perpendicular to the East line thereof. together with the right to make all necessary cut or fill slopes on the land of grantor's adjacent to the above -described real property in connection with the construction, maintenance or improvement of the above -described real property for purposes of a public roadway. Dated this day of 0 41.:.:.. Zf .. ..l.C..:>;:.t; e ..(SEAL) t:........ :..... y�. ............. (52AL) l On this day personally appeared before me C� � / - �� 1 ` ��� - &% /� to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. Hci m_7 GIVEN under my band an °`u ie�al;sc�arl tl ie�`� /� Vday of R �.: /`^�'� ........ ............ �� �" s ��� tary Public in and for the State of Washin kixgton , MAR 10 REJ . ► u'� �'t1 L 1 ti" iiridint at 0 {., w� PERMIT COUNTER `nor- � A ���'� STATE OF WASHINGTON, County of 7 ECEIVED MAR 10 REC'R CITY OF EDMONDS, WASHINGTON PERMIT COUNTER COVENANT TO PARTICIPATE IN/WAIVE RIGHT TO PROTEST LID WHEREAS, the undersigned owners are the owners of certain real property located in Snohomish County, Washington, which is legally described on Exhibit A attached hereto and incorporated herin by this reference as if set forth in full, hereinafter referred to as "the property," and WHEREAS, the owners have applied to develop the property as 3� O %-�— F, L41. (insert development type), which will have an 'impact on S•44)r� A (insert i-inpact), (e.g., storm drainage, streets, water, sewer), and WHEREAS, as a condition of approval of the proposed development, the City has required the owners to mitigate impacts of the development ' and the owners and the City have agreed that such mitigation may take the form of participation in a local improvement district (LID) for construction of certain improvements deemed necessary to mitigate the --� impact, now, therefore, FOR AND INCONSIDERATION OF the City's approval of owners' development of the property described on Exhibit A without requiring owners to presently construct the improvements hereinafter described, the owners covenant and agree as follows: 1. Warranty of Title. The owners warrant that they are the owners of t e property described on Exhibit A and are authorized to enter into this Agreement. .. . 2. Acknowledgment of City Authority. Owners acknowledge that State law and City ordinance provide that the City may require that the following improvements be designed and constructed as a condition of, and to mitigate the effects of, the development proposed by the owners (insert description of specific improvements):. Owners further acknowledge that the consideration for this Agreement is approval of owners' development by the City without requiring that such improvements be completed prior to --such approval. 3. Acknowledgment of Special Benefit. Owner acknowledges that the entire property legally described on Exhibit A, and if the proposed development is a subdivision or short subdivision, each and every lot to be created as part of the development of the property legally described on Exhibit A, would be specially benefitted by the construction of the improvements specified in paragraph 2 above. 4. Agreement to Participate in or Waive Protest of LID. A. Petition Method. Owners understand that the formation of VOL,2223PAGE085`6 .� `�i tip ,� ' '� �i'� ' �?� .��• local improvement district which includes the property described on Exhibit A for the purpose of providing the specified improvements will result in the property being assessed a proportionate share of the costs of those improvements. With full understanding of this consequence, owners agree to sign a petition for the formation of an LID or ULID for the specified improvements at such time as a petition is circulated or the City requests the owners to sign such a petition and the owners hereby agree that the Mayor of the City may sign the petition for the owners as the owners' attorney in fact, should the owners fail, refuse or be unable to do so. B. Resolution Method - Waiver of Right to Protest. Owners understand that owners have the rig t to protest formation of an LID or ULID to construct the specified improvements pursuant to RCW 35.43.180. With full understanding of owners' right to protest and the consequences of formation of an LID or ULID, owners agree to participate in any LID or ULID to design or construct the specified improvements and to waive the right to protest formation of the same. Owners shall retain the right to contest the method of calculating any assessment under such LID or ULID and the amount thereof, and shall further retain the right to appeal confirmation of the final assessment roll in the manner provided by law. 5. Binding Effect - Duration. This Agreement shall be recorded with the Snohomish County Auditor, shall constitute a covenant running with the land described on Exhibit A, and shall be binding upon the owners, their heirs, successors in interest and assigns, provided, that this Agreement shall be valid only for a period of ten (10) years from the date it is signed by the owners, after which it shall expire and become null and void. 6. Specific Enforcement. In addition to any other remedy provided by -law or this Agreement, the terms of this Agreement may be specifically enforced by the City of Edmonds. 7. Attorney's Fees. In any suit or action brought by the City of Edmonds to enforce any provision of thi.S Agreement or to redress any breach, the owners covenant that the City shall be entitled to reasonable attorney's fees and costs in addition to any other remedy. DATED this day of �/�j �j 190, OWNERS v l A Y�� 9,18 Op WAS a � � VOL. 2223PAGE4857 8904214 7 2 e STATE OF WASHINGTON ) )ss: COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be (his/her) free and voluntary act for the purposes mentioned in this instrument. DATED this day of NOTARY PUBLIC My commission expires: STATE OF WASHINGTON ) )ss• 198 i� ['D COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that (he/she) and acknowledged it as the was authorized to execute the instrument (title) of (name of party on behalf of whom instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this day of 1., 198. NOTARY PUBLIC My commission expires: VOL. 2223PAGE®8a8 yso34 COVENANT TO NOTIFY ' The undersigned property owner(s), as applicant for C -�e J-Rv,e.,rx. a building permit/grading permit, in consideration of the mutual benefits to be derived, in part due to the review of my application, do hereby stipulate and promise to the City of Edmonds, Washington, a noncharter optional municipal code city, I as follows: 1. SUBJECT TRACT: The undersigned is/are the owner's) of certain real estate located in the City of Edmonds, Snohomish County, Washington, and further described as follows: Lots 5 &;6 plus vacated Seaside Avenue north, block 60, of plat of Meadowdale Beach as recorded in volume 5, page 38,. J recorded in Snohomish Counter. 2. STATEMENT OF HAZARD: The above described subject tract or some portion thereof lies within an area of potential earth subsidence or landslide hazard. The risks associated with development of the site have been assessed and determined by professionals in the employ of the undersigned property owner(s) through written reports required by, and A on file with, the City of Edmonds, Building Division, in application file number All prospective inhabitants, buyers, lenders, or other persons acquiring any interest in the subject r tract are hereby notified of such potential hazards and of the information on file with the City, incorporated by this reference as VOL.2223PAGE0R 0 fully as if herein set forth. In addition to an assessment of any such hazard, said City files may contain conditions or prohibitions on development imposed by the City in the course of permit issuance and may reference any features. in the design which will require ongoing maintenance or future modification to address anticipated soil changes or movement. All such prospective inhabitants, buyers, lenders or other interested parties are encouraged to review said files and shall be charged with notice of the contents thereof. 3. PROMISE TO NOTIFY: The owners, on behalf of themselves, their heirs, agents, successors in interest and/or assigns do hereby promise to inform any successors and assigns that said described property lies within a potential earth subsidence and landslide hazard, of any risk identified by reports- of the professionals and associated with the development of that property,_ and. of any conditions, prohibitions, restrictions, or ongoing maintenance responsibilities which exist with respect to development of that site. 4. DEVELOPMENT APPLICATION: These statements are made in and with regard to an application for issued this day of of Edmonds file No. , 19_, under City 5. WAIVER: I/We/the corporation as the owner of the described tract, and on behalf of my/our/ heirs, successors and assigns do hereby waive the right to assert any loss or claim against the City of Edmonds, its agents, employees, or independent contractors, which may arise by reason of or out of the review of our application and/or issuance of the above -described permit for development approval by the City for the subject property, or from the construction of any building U00421 02 3 Von. 223PAGE08 or structure or any grading, filling or other action pursuant to said permit, excepting, however, any loss arising from the sole negligence of the City, its officers, employees, or independent contractors. DATED this Q.� day of t,,A_��,,,, h� 19� 0 (Individual) By ( ndividual) (President) (Secretary) CD da :- w < - N •rr jy � r co INDIVIDUAL ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me e, 1�1.4 QnUL c , to me known To be the individual described in and who executed the within and foregoing instrument, and acknowledged that /,Isigned the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ly day of 198Y u/r h y� • J ' `dam § ', e�� ^sue , Z .1 t�TATE OF WASHINGTON COUNTY OF KING NOTARY PUBLIC in and for the Stat of Washington, residing at CORPORATE ACKNOWLEDGEMENT ss. On this day of , 19 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the official seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at VOL. 2223PAGEO862 -ZOS2(/4� �°3 C J r rx' 0 u bFC INDEMNITY AND HOLD HARMLESS AGREEMENT The undersigned applicant(s) for building permit, subdivision, planned residential development, in consideration of the mutual benefits to be derived, in part due to the review of my/our application by the City of Edmonds, Washington, a noncharter, optional municipal code city, do hereby indemnify, waive, release, and stipulate as follows: 1. I/We do state that we have been provided with/have waived receipt of a copy of an earth subsidence and landslide hazard map made available to me by the City showing those hazards previously identified by the City through its consultant Roger Lowe and Associates, Inc. and a follow-up report by GeoEngineers, Inc., and state that I/we have reviewed or are fully aware of the contents and existence of said maps and of reports explaining said maps and identifying certain hazards to be anticipated or encountered in the construction or development upon my property. I/We am aware that. copies of said report are on file with the City Clerk and available for my review at my request. In addition, I/we have undertaken an independent assessment of the hazards through professional consultants of my/our choosing. 2. PROMISE TO INDEMNIFY: 1/We do promise to release and indemnify the City, its agents, officers, employees, and/or independent contractors from any and all claims, damage or loss of any kind or nature resulting from or to any party or person, or the property thereof as a result of: A. The construction design, soils report, and/or any other act required as a part of the building permit application process, subdivision process or planned residential development process and the subsequent preparation of my land for and construction thereon A VOL. 2223PAGE0863 MAR 2 3 I L of any structure or building by myself/ourselves, or my/our agents, employees.or contractors and/or the construction of any building or structure. B. The provisions of false, inaccurate, or misleading information by myself/ourselves, or by my/our agents, employees or contractors in the permit, subdivision, or planned residential development process; and C. Any risk or hazard of which I have been notified or could reasonably have had notice of by review of the documents on file with the the City of. Edmonds or its building division or could have discovered through reasonable professional efforts of my/our experts. 3. The undersigned applicants hereby waive and release the City from any and all claims arising from the situations described in this agreement, but specifically reserve claims against the City, its officers, employees, or independent contractors, from any loss or damage which arises from or out of the City's sole negligence. Nothing herein shall be construed to be a promise to indemnify the City, its officers, employees, or independent contractors, from any loss or damage caused by their sole negligence. DATED this u day of � �Q� 191K and given with reference to building permit application, subdivision application, planned residential development application no. READ CAREFULLY - CONTAINS WAIVER AND INDEMNITY PROVISIONS v I ' ' 1duaI By President By Secretary 2 VOL.2223PAGE0864 4 \ ? < INDIVIDUAL ACKNOWLEDGEMENT =� STATE OF WASHINGTON s s . (.,,, COUNTY OF KING On this day personally appeared before me C( O nee -,TT n ,'(' v M i tef to me known to be 04 individual described in and who executed the within and foregoing instrument, and acknowledged that-M,j signed the same as his free and voluntary act and deed for the use and purposes therein mentioned. GIVEN under my hand and official seal this DQ, day of 198 y - NOTARY PUBLIC in and for the '••�" Stat of Washington, residing at .........'` CORPORATE ACKNOWLEDGEMENT STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 19 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the official seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. _ NOTARY PUBLIC in and for the State of Washington, residing at VOL. 222.3 PAGE ®g6J M O