Loading...
REFERENCE BLD2024-0558+Recorded_Easements+4.26.2024_4.50.54_PM+42226367/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 EASEMENT .e : S215.50 7/25/2023 10:30 AM I of 13 SNOHOMISH COUNTY. WA AFTER RECORDING, RETURN TO! HOUSING HOPE PROPERTIES 5830 Evergrcen Way Everen, WA 98203 Attn: Bobby Thompson NO- EXCISE TAX REQUIRE® JUL 2 0 2023 BRIAIJ SULLIVAN, Snohomish Counly T e rer 13y BRIA:J 541LLIVAN SPORTS COURT EASEMENT _ FILR�'I AMt;mCTR3T `—� GRANTOR: Edmonds Lutheran Church, a Washington nonprofit corporation GRANTEE: ELCFA LLC, a Washington limited liability company ABBREVIATED LEGAL: Grantor Property: . LOT B, CITY OF EDMONDS LLA NO. PLN2018-0027, REC, 201809215002, BEING A PTN OF LOT 26, SKELTON'S LAKE MCALEER 5 ACRE TRACTS, VOL. 6, P. 21, SNOHOMISH COUNTY (Full legal on Exhibit A) Grantee Property: LOT A, CITY OF EI)MONDS LLA NO. PLN2018-0027, REC. 201809215002, BEING A PTN OF LOT 26, SKELTON'S LAKE MCALEER 5 ACRE TRACTS, VOL. 6, P, 21, SNOHOMISH COUNTY (Full legal on Exhibit B) TAX PARCEL: Grantor Property: 00576700002508 Grantee Property: 00576700002614 RELATED DOCUMENTS: N/A THIS SPORTS COURT EASEMENT ("Agreement") is made and entered into as of July 21, 2023, .by and between Edmonds Lutheran Church, a Washington nonprofit corporation ("Grantor") and ELCFA LLC, a Washington limited liability company SPORTS COURT EASEMENT PAGE l https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 1 /13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-2 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA RECITALS A. HH is the owner of the real property legally described on Exhibit B attached hereto and incorporated herein by reference (the "HH Property'). HH plans to construct a multifamily apartment complex and other improvements on the HH Property (the "Project"). B. Grantor is the owner of the real property legally described on Exhibit A attached hereto and incorporated herein by reference (the "Grantor Property"), which real property is located adjacent to the HH Property. C. In connection with the development of the Project, HH has requested that Grantor provide an easement to the HH Property for installation, construction, use, repair, maintenance, restoration and replacement of a sports court (the "Sports Court") over a portion of the Grantor Property described on Exhibit C attached hereto and incorporated herein by reference (the "Easement Area"). D. Grantor desires to support the future residents of HH Property by permitting HH to provide this recreational amenity on the Grantor Property while ensuring the operations of the Sports Court does not significantly interfere with events, activities and programs occurring on the Grantor Property. E. Installation of the Sports Court will require the removal of an existing modular unit (the `Blokable Unit") located on the Grantor Property. F. Grantor is willing to grant the Easement (as hereinafter defined) on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Recitals. The above recitals are true and correct and the parties agree that such recitals form a material part of this Agreement upon which they have each relied. 2. Grant of Easement. Subject to the terms of this Agreement, Grantor hereby grants and conveys to HH and its contractors, agents, members, tenants, invitees and employees a permanent, exclusive easement (the "Easement") over, under and across the Easement Area subject to the limitations described herein and for the purposes described herein. 3. Permitted Use. Grantor hereby grants and conveys to HH and its contractors, agents, members, tenants, invitees and employees the Easement solely for the purposes of installing, constructing, using, repairing, maintaining, restoring, and replacing the Sports Court in the Easement Area, and other activities incident to the construction and use of the Sports Court, SPORTS COURT EASEMENT PAGE 2 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 2/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document: EASEMENT Rec: $215.50 Page-3 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA including but not limited to ingress and egress to and from the HH Property to the Easement Area (collectively, the "Permitted Use"). HH acknowledges that Grantor is a church and may have certain large events held on the Grantor Property (the "Church Events"); and HH agrees that HH shall not use the Easement Area during Church Events if such use adversely impacts Grantor's use of the Grantor Property for the Church Events. HH acknowledges and agrees that its use of the Easement shall be subject to Grantor's reasonable right to restrict the time, place and manner of use of the Easement Area based on the programs and activities occurring on the Grantor Property, provided that Grantor shall cooperate and provide reasonable notice to HH with respect to any such restrictions on HH's use of the Easement. HH and the Church shall agree to such reasonable rules and regulations with respect to use of the Easement, which may be updated from time to time by mutual agreement of HH and the Church. The Church shall provide not less than seventy-two (72) hours prior notice to HH of any Church Events and restricted times of use of the Easement. 4. Work. In accordance with the terms and conditions of this Agreement, HH and Grantor agree as follows: (a) HH shall, at its sole cost and expense, (i) construct the Sports Court; (ii) remove the Blokable Unit; and (iii) to the extent the walkway on the Grantor Property that leads to the Blokable Unit is damaged or otherwise altered by the removal of the Blokable Unit, restore or repair the walkway to a safe and usable condition (collectively, the "Work"). (b) HH shall be solely responsible for all costs and expenses to perform any and all Work. Grantor shall not have or be responsible for any obligation, cost, expense, or other amount for any part or all of the Work. (c) HH shall use commercially reasonable efforts to, and shall instruct all contractors and subcontractors to, conduct the Work in such a manner as to cause no more than necessary disruption to the use of the Grantor Property by Grantor and Grantor's invitees, including performing Work during regular business hours, making reasonable efforts to keep noise and dust minimized and keeping all areas of the Grantor Property reasonably clean and free from debris. HH and HH's contractors and subcontractors shall not materially impair Grantor's vehicular and pedestrian access to the Grantor Property. (d) In connection with the use of the Easement Area, HH shall comply in all respects with all applicable laws, statutes, codes, regulations and rules promulgated from time to time by any federal, state or local governmental or quasi -governmental authority having jurisdiction over the Grantor Property. HH is solely responsible for obtaining any other permits or approvals as may be necessary for the use of the Easement and the completion of the Work. (e) HH shall not allow any lien of any kind, type or description to be placed or imposed upon the Grantor Property or upon any improvements on the Grantor Property by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to, HH or anyone occupying or holding an interest in all or any part of the HH Property through or under HH. If any such lien shall at any time be filed against the Grantor SPORTS COURT EASEMENT PAGE 3 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 3/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document: EASEMENT Rec: S215.50 Page-4 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA Property, HH shall cause the same to be discharged of record within thirty (30) days after the date of filing the same, by either payment, deposit, or bond, or HH shall provide Grantor with other security reasonably satisfactory to Grantor in an amount that will ensure the discharge of the lien plus costs and interest. (f) If, in connection with the use and enjoyment of the Easement, HH, or any party acting by, through or under HH, damages or destroys any landscape, hardscape, street, road, sidewalk or other improvements located on the Grantor Property, HH shall repair or replace such damaged or destroyed improvements at its sole cost and expense within thirty (30) days of the date such damage occurred to a condition substantially identical to that existing before any such damage or destruction; provided, however, if the repair or replacement work will require more than thirty (30) days to complete, HH shall have additional time as may be required by the circumstances, not to exceed ninety (90) days, to complete such work, so long as HH shall commence the repair or replacement work within such thirty (30) day period and diligently prosecute the same to completion. (g) HH shall ensure that the general contractor performing the Work is licensed and bonded as required by state law and carries adequate insurance, which lists Grantor as additional insured, for the activities such person is undertaking on the Grantor Property. 5. Maintenance and Repair. HH shall be solely responsible to keep and maintain the Sports Court and the Easement Area in good condition and repair. In the event HH fails to timely repair the Sports Court, the Easement Area, or the Grantor Property as required herein, Grantor shall have the right to complete such repair work; and in such event, HH shall reimburse Grantor for undertaking the repair work for the total documented cost thereof within thirty (30) days after receipt of written notice therefor, together with interest at a rate of ten percent (10%) per annum. 6. Approval of Final Plans. HH shall provide Grantor with final plans for the Sports Court (the "Plans"), and Grantor shall have ten (10) days to review and approve the Plans. HH may not begin the Work until it has received written approval from Grantor of the Plans. 7. Termination. The Easement shall terminate upon the following events (each, a "Termination Event"): (a) the HH Property is transferred, sold, or assigned to a party that is unrelated to Housing Hope, a Washington nonprofit corporation ("Housing Hope"); (b) HH or Housing Hope is dissolved or ceases to exist; (c) the Easement Area is no longer being used for the Permitted Use; or (d) the HH Property is not used as an affordable multifamily housing project; provided that, if a Termination Event occurs under clause (a) or (b) prior to the expiration of the initial 15-year low-income housing tax credit compliance period as defined in Internal Revenue Code Section 42(i)(1) (the "Compliance Period"), then the Easement shall not terminate until the expiration of the Compliance Period. For avoidance of doubt, the Grantor shall record a notice of date of commencement of the Compliance Period in the records of Snohomish County identifying the first taxable year of the credit period pursuant to Internal Revenue Code Section 42(i)(1). SPORTS COURT EASEMENT PAGE 4 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 4/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-5 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA n 8. Insurance. HH shall maintain a commercial general liability policy of insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate covering HH's use of the Easement Area; subject to increased limits as may be determined by Grantor, but which shall not exceed the limits required by a mortgagee on the HH Property. Grantor shall be named as an additional insured on HH's general liability policy and HH shall provide a certificate of insurance to Grantor upon request. 9. Indemnity. Except for claims arising out of the negligence or willful misconduct of Grantor or any hazardous material or substance discovered on the Grantor Property during the construction in the Easement Area under this Agreement, HH, shall indemnify, defend, reimburse, and hold harmless Grantor, its officers, directors, employees, successors and assigns, from and against any and all claims, liabilities, losses, damages, judgments, penalties, fines, liens, claims of lien, costs, and expenses arising out of, related to, or connected with HH's use of the Easement. TO THE EXTENT NECESSARY TO FULLY INDEMNIFY GRANTOR FROM CLAIMS MADE BY HH OR ITS EMPLOYEES, THIS INDEMNITY CONSTITUTES A WAIVER OF HH'S IMMUNITY UNDER THE WASHINGTON INDUSTRIAL INSURANCE ACT, RCW TITLE 51. 10. Legal Fees. In any dispute to enforce the provisions hereof, the substantially prevailing party shall be entitled, in addition to any other relief that may be granted, to receive its fees, costs, and expenses, including reasonable legal fees, from the other party. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions hereof shall remain in full force and effect. 11. Amendment. This instrument may be amended only by a written instrument recorded with the Snohomish County Recorder's Office, executed by both Grantor and HH. 12. Entire Agreement. This Agreement represents the entire agreement between the parties covering everything agreed upon or understood in this transaction. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the execution hereof or in effect between the parties, except as may otherwise be provided herein. 13. Runs with Land. During the term hereof and subject to the termination provisions set forth above, the Easement granted herein, and the obligations imposed hereby, shall operate as covenants running with the land, and shall inure to the benefit of and be binding upon the successors and assigns of the parties. This Agreement, and the Easement, may not be assigned by HH without the prior written consent of Grantor. To the extent the HH Property is transferred, this Agreement may be terminated by Grantor, subject to the sole discretion of Grantor. 14. No Public Dedication; No Implied Easements. Nothing in this Agreement shall be deemed a gift or dedication of any portion of the easements granted under this Agreement to the general public or for any public purpose whatsoever. No easements, except those expressly set forth herein, shall be implied by this Agreement. SPORTS COURT EASEMENT PAGE 5 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 5/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-6 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA 15. Representations. Grantor represents that it is the owner of the Grantor Property and has full and complete authority to enter into this Agreement. Grantor further represents that it has taken all actions necessary as a prerequisite for the execution of this Agreement and that upon the execution of this Agreement, the obligations of Grantor hereunder shall be valid and binding. Grantor represents that if the Grantor Property is currently encumbered by any liens or mortgages, then Grantor has obtained all consents and approvals necessary for the execution of this Agreement. Grantor represents that Grantor has obtained all consents and approvals necessary under the organizational documents of the Grantor required for the execution of this Agreement. 16. Provisions Severable. If any provision of this Agreement shall be held or declared to be invalid, illegal, or unenforceable under any law applicable thereto, such provision shall be deemed deleted from this Agreement without impairing or prejudicing the validity, legality, and enforceability of the remaining provisions hereof. 17. Applicable Law. This Agreement shall be governed by and construed under the laws of the State of Washington. 18. No Waiver of Rights. The failure of any party to insist upon strict performance of any of the terms, covenants, and conditions herein contained shall not be deemed a waiver of any of their rights or remedies by reason thereof and shall not be deemed a waiver of any subsequent breach or default in any of said terms, covenants, and conditions. No covenant or condition of this Agreement can be waived except by the written consent of the party against whom such waiver is claimed. Until complete performance of any covenant or condition by a party, as the case may be, each other party shall be entitled to invoke any remedy available to such party under this Agreement or by law or in equity despite any forbearance or indulgence. 19. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, provided that all such counterparts, in the aggregate, shall contain the signatures of all parties hereto. 20. Estoppel Letter. Each party at any time upon not less than ten (10) days' prior written notice from the other shall execute, acknowledge and deliver to the other or its lender a statement in writing, acknowledging that there are not, to the parry's knowledge, any uncured claims or defaults of the other party hereunder, or specifying such claims or defaults if any are claimed. 21. Notice. All notices or other communications shall be by certified mail, return receipt requested or nationally recognized overnight courier to the address of the parties set forth in this paragraph or such other address as a party may notify the other in writing, and shall be deemed given three (3) days after being mailed, or one day after delivered by overnight courier. SPORTS COURT EASEMENT PAGE 6 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 6/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-7 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA To HH: c/o Housing Hope Properties 5830 Evergreen Way Everett, WA 98203 Attn: Chief Executive Officer To Grantor: Edmonds Lutheran Church 23525 84th Ave W Edmonds, WA 98026 Attn: President of Congregation 22. Permit Authorization. Grantor authorizes HH to apply for, process and implement any governmental approvals or permits necessary to construct the Project and conduct activities in the Easement Area in accordance with this Agreement, and if required by any permitting authority, Grantor shall promptly sign any applications or consents necessary to obtain such approvals or permits, at no cost to Grantor. [SIGNATURES PAGES FOLLOW] SPORTS COURT EASEMENT PAGE 7 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 7/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-8 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA ELCFA LLC, a Washington limited liability company By: ELCFA Manager LLC, a Washington limited liability company Its: Managing Member By: Housing Hope Properties, a Washington nonprofit corporation Its: Manager By: Donna Moulton, Chief Executive Officer STATE OF WASHINGTON COUNTY OF KING This record was acknowledged before me on (�l �(� -' I , 20255 by Donna Moulton as Chief Executive Officer of Housing Trope Properties, manager of ELCFA Manager LLC, managing member of ELCFA LLC, a Washington limited liability company. ,``,`„in un rr rrrrr �N... KRce''•,,,, '�`���5;181202 pip`p 6 NpTARY FLffiL&� N Notary Public for the State of Washington 0 - Print Name: �;9 PU61-Ip c z My commission expires: 1211 Le I Z Z-LP Nj 'ssOn Mmtc`_ -- C,), '0p S� rrrWA. SPORTS COURT EASEMENT SIGNATURE PAGE https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 8/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-9 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA IN WITNESS WHEREOF, this Sports Court Easement is made effective as of the date first above written. Edmonds Lutheran Church, a Washington nonprofit corporation By: Name: �(x4iGl�% Y-t10)h Title: lj i"l STATE OF WASHINGTON COUNTY OF SNOHOMISH This record was acknowledged before me on , 2023, by t� U F I, as 4 fe of Edmonds L-itheranhurch, a Washington nonprofit c poi &ion. ANGEL M MOSES Notary Pu ' for the St e of Washington NOTARY PUBLIC #181033 Print Name: ses STATE OF WASHINGTON My commission exp' es: 2Z 2- COMMISSION EXPIRES SEPTEMBER 9, 2023 SPORTS COURT EASEMENT SIGNATURE PAGE https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 9/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document: EASEMENT Rec: S215.50 Page-10 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA EXHIBIT A LEGAL DESCRIPTION OF GRANTOR PROPERTY LOT B, CITY OF EDMONDS LOT LINE ADJUSTMENT NO. PLN2018-0027, RECORDED SEPTEMBER 21, 2018 UNDER RECORDING NO. 201809215002, IN SNOHOMISH COUNTY, WASHINGTON. SPORTS COURT EASEMENT EXHIBIT A https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 10/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: 5215.50 Page-11 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA EXHIBIT B LEGAL DESCRIPTION OF HH PROPERTY LOT A, CITY OF EDMONDS LOT LINE ADJUSTMENT NO. PLN2018-0027, RECORDED SEPTEMBER 21, 2018 UNDER RECORDING NO. 201809215002, IN SNOHOMISH COUNTY, WASHINGTON. SPORTS COURT EASEMENT EXHIBIT B https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 11 /13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: S215.50 Page-12 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA EXHIBIT C EASEMENT AREA All that portion of Lot B of City of Edmonds Lot Line Adjustment No. PLN201870027, recorded September 21, 2018 under Recording No. 201809215002, records of Snohomish County, Washington, being a portion of the SW 1/4 of the NE 1/4 of Section 31, Township 27N, Range 4E, WM, described as follows: Commencing at the Northeast Comer of said Lot B; Thence S 00°22'08" W, along the east line of said Lot B, a distance of 23.00 feet to the True Point of Beginning of this description; Thence N 89°37'52" W a distance of.61.00 feet; Thence S 00*22'08" W a distance of 58.00 feet; Thence S 89°37'52" E a distance of 61.00 feet; Thence N 00°22'08" E a distance of 58.00 feet to the Point of Beginning. Situate in the County of Snohomish, State of Washington. Containing 3538 square feet, more or less. A sketch accompanies this legal description and by reference thereto is made a part hereof. SPORTS COURT EASEMENT EXHIBIT C https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 12/13 7/25/23, 12:50 PM Landmark Web Official Records Search 202307250056 Document:EASEMENT Rec: $215.50 Page-13 of 13 Record Date:7/25/2023 10:30 AM Snohomish County, WA 1 " 30' 0 15 30 60 MERIDIAN: NAD 83191 I OHO'\ I O�OO pppAl �Pa� I pph101' 01 N88°56'54"W N88°56'54"W 440.75' 194.58' 0 o NE Corner Lot "B" N N N89°37'52"W Point of Beginning `— 61_00' ro b PROSE C II � EAO MENCD D M EXISTING SEWER EASEMENT AFN 201906180651 I o AFN 201910090466 N N 61.00' 389°37'52"E �b 01O,pO \ I p'O,�x 1 Op ,0 h101 O,� Op010 0� p0 �. © HARMSEN, LLC 2022 HOUSING HOPE - OFFSITE . SPORTS COURT EASEMENT EXHIB DATE: 12107122 JOB�y: 2 f —208 DWN: DRS 1. APR: HARMSEN HARMSEN, LLC FB: 1232 125 EAST MAIN STREET, SUITE 104 SCALE: 1" = 30' MONROE WA 98272 — TEL:- 360 794—.7811 SHEET 1 OF 1 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaRecordDate&quickSearchSelection=# 13/13