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REV1 REVIEWED RESUB5 Reedy Easement 9.26.23202309270170 EASEMENT Rec: $210.50 9127i2023 12:56 PM 8 PG SNOHOMISH COUNTY, WA WHEN RECORDED RETURN TO: John Rettenmier Paradise Heights HLD, LLC. 190 West Dayton Street, Suite 103 Edmonds, Washington 98020 NO EXCISE TAX REQUIRED SEP 2 7 2023 BRIAN SULLIVAN, Snohomish County Tr as By BRIAN SULLIVAN 4 V Document Title: UTILITY EASEMENT Grantor(s): PATRICK L. REEDY, a single person Grantee(s): Paradise Heights HLD, LLC a Washington limited liability company Legal Description: 1. Abbreviated Legal Description: A portion of Southwest Quarter of Section 25, Township 27 North, Range 3 East, WM, in Snohomish County, Washington 2. The complete legal description of the property is attached as Exhibit C to this document. Assessor's Property Tax Parcel Account No(s).: 27032500303200 and 27032500302600 UTILITY EASEMENT THIS EASEMENT ("Easement") is made this 26th day of September, 2023, by and between PATRICK L. REEDY, a single person ("Grantor"), and Paradise Heights HLD, LLC a Washington limited liability company ("Grantee"). RECITALS A. Grantor is the Owner of certain real property legally described in Exhibit "A" ("Grantor's Parcel") attached to this Easement. B. Grantee is the Owner of certain real property legally described in Exhibit "B" ("Grantee's Parcel") attached to this Easement. C. Grantor by this instrument desires to grant and convey an Easement for utility purposes over and across the real property described on Exhibit C. UTILITY EASEMENT - 1 - UTILITY EASEMENT 1. Grant. Grantor does hereby grant and convey to the Grantee a perpetual non-exclusive easement through over, under, and across that portion of the Grantor's Parcel legally described in Exhibit "C" ("The Easement Parcel"), attached to this Easement, for the purpose of installing, constructing, repairing, maintaining, inspecting, operating, or replacing a sanitary sewer, and with all necessary lines, connections, manholes and underground appurtenances ("Facilities"). 2. Construction Easement. Grantor also grants and conveys to the Grantee a nonexclusive perpetual easement over, under, and across those portions of the Grantor's Parcel reasonably necessary for the purpose of installing, constructing, repairing, maintaining, inspecting, operating, or replacing the Facilities. 3. Consideration. In consideration of the grant of the Easement, the Grantee agrees at the Grantee's sole cost and expense shall pay all costs associated with installation and/or maintenance of the Facilities in the easement. 4. Compliance with Laws. The Grantee shall at all times exercise its rights under this Easement in accordance with the requirements (as from time -to -time may be amended) and all applicable statutes, orders, rules, and regulations of any public authority having jurisdiction. 5. Liens. The Grantee is not the agent or a partner of the Grantor for any purpose. The Grantee shall not allow any liens or claims to attach to the Grantor's parcel through the activities of Grantee. 6. Limitation on Grantor's Use. The Grantor shall not conduct any activities or construct any improvements within The Easement Parcel, which would interfere with or conflict with the rights of the Grantee under this Easement. The Grantor shall not place any permanent structures within the Easement Parcel which would interfere with the Grantee's use or rights under this Easement. 7. Maintenance of Drain Field. Grantee, its successors and/or assigns shall be responsible for the maintenance of the easement reasonably necessary for the proper, safe and sanitary operation of the drain field. The drain field shall be maintained in compliance with all codes, rules, regulations and ordinance in effect. In the event maintenance and/or repairs of the drain field are required, such repairs shall be made within thirty (30) days of Grantee's learning that maintenance is required, or such longer reasonable time so long as Grantee is making a diligent effort to perform required maintenance. In the event Grantee fails to properly maintain the drain field as provided herein, Grantor, its successors and/or assigns may perform the necessary maintenance or repair, and the Grantee shall reimburse Grantor for the reasonable costs of such maintenance within thirty (30) days of completion of the work. 8. Easement Appurtenant. The rights anti obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. This Easement is for the benefit of and is appurtenant to the Grantee's Parcel and such additional lands as may be served by the Facilities. This Easement is a covenant running with the land and binds every owner now having or hereafter acquiring an interest in the Grantor's Parcel. 9. Indemnification. The Grantee shall defend, indemnify, reimburse, and hold harmless the Grantor from and against any and all liabilities, loss, damage, expense, actions, or claims, including costs and reasonable attorney's fees, incurred by Grantor in defense thereafter, asserted or arising out of the acts or omissions of the Grantee, the Grantee's employees agents, or contractors in the exercise of the rights granted by this Easement, but only to the extent that such liability, etc., does not arise out of the negligence or intentional act of the Grantor, the Grantor's employees, agents, or contractors. UTILITY EASEMENT - 2 - 10. Assignment. The rights of the Grantee may be assigned to any person or entity assuming the obligations of the Grantee. Any assignee of the Grantee's Parcel shall assume the obligations of this Easement and shall be bound by the terms, conditions, and provisions of this Easement. 11. Breach and Default. No breach of this Easement shall entitle the Grantor to cancel, rescind, or otherwise terminate this Easement. The foregoing limitation will not affect, in any manner, any other right or remedy which the Grantor might have by reason of any breach of this Easement. The Grantee shall have the right to seek specific performance, injunctive relief, and/or other equitable relief, for the violation or threatened violation of this Easement. In any action to enforce or construe this Easement, or due to the breach or default of either party, the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, relating to those issues upon which the party has prevailed. 12. Force Maieure. If performance of any action by either party is prevented or delayed by an act of God, labor disputes, or other cause beyond the reasonable control of such party, then the time for the performance of such action shall be extended for a reasonable period. 13. Further Assurance. Upon written request, either party agrees to execute such further instruments as may be reasonably necessary to perfect, confirm, or implement the terms, conditions, and provisions of this Easement. GRANTOR: Patrick L. Reedy Date Executed: d STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) GRANTEE: Paradise Heights HLD, LLC y: John Rettenmeir Its Managing Member Date Executed: This is to certify that on this 2611 day of September, 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PATRICK L. REEDY, to me known to be the individual described herein and who executed the within and foregoing instrument, and acknowledged to me that he signed and sealed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS,; 4rIWnd,and official seal the day and year in this certificate first above written. • = = NOTARY PUBLIC in and for the State of • �erIc Washington, residing at D l DC. 4W 41 b3 i fe(Imut5, '`•• My commission expires: 0 2102C� • • .`�� UTILITY EASEMENT - 3 - STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) This is to certify that on this 2611 day of September, 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN RETTENMEIR, the managing member of Paradise Heights HLD, LLC, the limited liability company that executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. (&� 54 {j2- N TARY PUBLIC in and for the State of Washington, residing at I6i6 w , ixty n 10"), mmoh 6t), My commission expires: `FI 1 fd') 4ri6ZD IIIIIIJIIjof `��� MCIM SIF /i�� _ N O Tqq �j�n 21020 UTILITY EASEMENT - 4 - EXHIBIT A LEGAL DESCRIPTION OF GRANTOR'S PARCEL The land referred to is situated in the County of Snohomish, City of Edmonds, State of Washington, and is described as follows: All that portion of the South half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 25, Township 27 North, Range 3 East, W.M., in Snohomish County, Washington, lying North of State Road No. 1-W and South of County Road; EXCEPT the East 15 feet thereof, as measured on the South line; EXCEPT the West 262.90 feet of said Southwest quarter of the Northwest quarter of the Southwest quarter, measured on the North line; AND EXCEPT the following described Tract: Beginning at a point on the South line of said Southwest quarter of the Northwest quarter of the Southwest quarter 15 feet West of the Southeast corner thereof; THENCE North 10 East 95.54 feet to the Southerly line of County Road; THENCE Northwesterly along the Southerly line of County Road 168.19 feet; THENCE South 10 West 71.94 feet, more or less, to the Northeast corner of tract conveyed to Otto E. Marten and wife, by Deed under Recording No. 1029868; THENCE North 88032' West 260.05 feet, more or less, to the Northerly line of State Road 1-W; THENCE Southeasterly along the Northerly line of said State Road 236.05 feet, more or less, to point on the South line of said Subdivision, 180 feet West of the Southeast corner thereof; THENCE South 88032' East 165 feet to the True Point of Beginning; ALSO EXCEPT portion conveyed to the State of Washington under Recording No. 2159660. SITUATE in the County of Snohomish, State of Washington. Property Address: 546 Paradise Lane, Edmonds, WA 98020 UTILITY EASEMENT - 5 - EXHIBIT B LEGAL DESCRIPTION OF GRANTEE'S PARCEL PARCEL A: THAT PORTION OR SOUTHWEST QUARTER OR NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST, W M IN SNOHOMISH COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION, THENCE NORTH 880 32' WEST 125 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 10 00' EAST 150 FEET, THENCE NORTH 88° 32' WEST 100 FEET, THENCE SOUTH 10 001 WEST 134 69 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SECONDARY STATE OF HIGHWAY NO 1-W, THENCE ALONG SAID RIGHT OF WAY LINE ON A CURVE TO THE LEFT, A RADIUS OF 915 37 FEET, OFF A TANGENT BEARING SOUTH 55° 14' Or' EAST, AN ARC DISTANCE OF 28 58 FEET. THENCE SOUTH 880 32' EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON FOR HIGHWAY SR 104 BY DEED RECORDED AUGUST 12, 1970 UNDER RECORDING NUMBER 2159078 PARCEL B: THAT PORTION OF NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH. RANGE 3 EAST, W M IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION, THENCE NORTH 88' 32' WEST 125 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 880 32' WEST 55 FEET, THENCE SOUTH 20' 00' EAST 33 08 FEET, THENCE NORTH 550 48' 26 EAST 52 80 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON FOR HIGHWAY SR 104 BY DEED RECORDED AUGUST 12, 1970 UNDER RECORDING NUMBER 2159078 PARCEL C: THAT PORTION OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF UTILITY EASEMENT - 6 - SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH. RANGE 3 EAST, W M IN SNOHOMISH COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION, THENCE NORTH 880 32' WEST 125 FEET, THENCE NORTH 10 00' EAST 150 FEET, THENCE NORTH 880 32' WEST 100 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. THENCE FROM SAID PORTION OF BEGINNING, RUN SOUTH 10 00' WEST 134 69 FEET, THENCE NORTH 50 58' WEST 74 24 FEET, THENCE NORTH 90 23' 53" EAST 61 66 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO S I A iE OF WASHINGTON FOR HIGHWAY SR 104 BY DEED RECORDED AUGUST 12, 1970 UNDER, RECORDING NUMBER 2159078 UTILITY EASEMENT - 7 - w Snohomish County Recording A Division of the Auditor's Office Garth Fell County Auditor Clifton Harty Licensing and Recording Manager Transaction # 2470446 Agent Code: PUB Source: _Counter Receipt # 500098 Attention: Returned: _Counter Cashier Date: 09/27/2023 Name: PUBLIC Cashier: SAUJXZ Address: _ASEMENT Inst. #: 202309270170 From: REEDY PATRICK L. To: PARADISE HEIGHTS HLD LLC GENERAL RECORDING FEE V3 07232023 S210.50 Pages: 8 PAYMENT: CREDIT CARD 143201361 AMOUNT: $210.50 Total Payments: Total Fees: $ 210.50 $ 210.50 3000 Rockefeller Avenue, M/S 204 1 Everett, Washington 98201 1 (425) 388-3483 recording@snoco.org I www.snoco.org 9/27/2023 12:56:19PM Page 1 of 1