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REFERENCE CITY UTILITY EASEMENT�clr_ Q E C 2 1980 QUIT CLAIM DEED AND EASEMENT Dir. UP Nufmc wrorks cD WHEREAS, the City of Edmonds, Washington, hereafter N 0 referred to as "City," and the Emerald Hills Homeowners' N Association, hereafter referred to as "Association," have N r"f reached agreement on maintenance of certain streets, planter s� islands and sidewalks now owned by the Association, now, therefore, IN CONSIDERATION OF MUTUAL BENEFITS THE PARTIES AGREE AS FOLLOWS: VOL. OF 1. The Association conveys and quit claims to the City all its right, title and interest in certain property situate in the City of Edmonds, Snohomish County, Washington, including any interest therein which the Association may hereafter acquire, and (_ F fi--Y 7 J Being certain paved streets from back -of -curb to 2. back -of -curb, more fully described on Exhibit "A" attached hereto and incorporated in full by this s reference, excepting, however, those planter islands designated on Exhibit "A" as remaining with the Association. The Association grants to the City permanent, 12 foot wide easements for the installation, operation and maintenance of utilities including but not limited to water, sanitary sewer and storm sewer. Said easements shall be located 7712020286 M 7. 77122r) 286 :t_ "7'. on either side of said streets in the City of Edmonds, Snohomish County, Washington and more particularly described on Exhibit "Ali 3. The City shall have the right to remove trees bushes, undergrowth and other obstructions ' interfering with the location, installation, operation and maintenance of said utilities within said easement. 4. The Association shall not erect nor permit an Of its members to erect an y y permanent structure Within or over said easements. 5• The City conveys and quit claims to the Asso- ciation all its right, title and interest in certain property situate in the City of Edmonds, Snohomish County, Washington including any interest therein which the City may hereafter acquire, and more fully described on Exhibit "A" as a planter island on 12th Avenue North subject to a Public utility easement over, across and through the entire planter. The Association agrees to maintain all planter islands located on all streets described on Exhibit "A" in a manner acceptable to the Edmonds Director of Public Works. The Association will maintain to City standards all sidewalks abutting City -owned streets described on Exhibit "A Unless expressly indicated, nothingin this agree- ment shall be deemed to modify in any respect any of the duties, covenants or obligations of -2- E. A nnn nn�, the Association contained in the Plat of Emerald Hills and recorded in Volume 31, Plats, Pages 46, 47, 48 and 49, Snohomish County Auditor's office. 9. The terms of this agreement shall be binding upon the Association, and its successors in interest, and shall be deemed to run with the land. All recording costs shall be at the Association's sole expense. EMERALD HILL HOMEOWNERS' ASSOCIATION y By �tz� By / cj CITY OF EDMONDS By j X� - �i MAYOR, H. H. HARRISON ,p�Gh f �f, C ER3C, ,,IREN VARNEY MORAN c ',.§�!E OV ` 1,5HINGTON ) ) ss `Eou'n' of Sno" hca4i gh_ ) On_ ,this day personall ap eared before me �- to me known to be the ,?,. �-o and f ` respectively, of EMERALD HILLS HOMEOWNERS ASSOCIATION, the association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said association, for the uses and purposes therein men- tioned, and on oath stated that they are authorized to execute said instrument. .r GIVEN under my hand and official seal this of 1977. •� ,rj. 17 �'• a ,lit•, � n, NOTARY PUBLIC in and -.off' hie '�;• • �_ ;` State of Wash'ngton,,rid�i: at ?IT / r5 ' STATE OF WASHINGTON ) ss County of Snohomish On this day personally appeared before me H. H. HARRISON and IRENE VARNEY MORAN, to me known to be the Mayor and City Clerk, respectively, of the CITY OF EDMONDS, the muni- cipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. GIVE under my hand and official seal this Ol day • •off„„ .�l' I.'4% - , 1977. n • , fit; i l NOTARY State pU BLOC' at `• '6yEz�1��• LIC yhj and for the ashigton, residing ��yt OI S 3 Will -fin �'�, � ' . ' - i i � y � � -._.r ,� . ,� 9 , • � i ` tag -. ... � li ,.t' / .�" �r• ice+` i � it • i f r 1 1 W i f• C/• 1 =� �•1 -" ,� � .1 � S '! �` �_ i_1.c 1�I '. •� �: •mil ...'. •r� :. i :i � . h.1I`«a�. N� t1�1 otto�lS �~� • �•b. S3d S.L`'id ...1 �o�i�.,,4�Q�o1 s m _ _ .. .. 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