The URL can be used to link to this page

DNS REFERENCE RESUB2 BLD2021-0088+STORM EASMNT DOC+12.28.2021_5.58.03_PM+259490212/10/21, 1:37 PM Landmark Web Official Records Search NO EXCISE TAX REQUIRED FEB 13 2019 KIRKE SIEVERS, Snohomtsh County Treasurer 8y KIRKE SIEVERS 1111111111{Ill 111 lit 11111111111111111 2019�2140157 7 PGS 11 12019 1013am $$204.00 OHOMISH COUNTY: WpSHINGTON AFTER RECORDING, RET2k. 0 Randy M. Boyer, Inc. 7017 1961h St. SW , Lynnwood, WA 98036 O PARTIAL RELEASE AND FIRST AMENDMENT TO STORM SEWER EASEMENT AGREEMENT THIS PARTIAL RELEASE AND FIRST VNDMENT TO STORM SEWER EASEMENT AGREEMENT (this "Partial Release endment") is made and entered into effective as of this _ day of January, 2019 ("Effeetiv to") by and between JAS Group, LLC, a Washington limited liability company ("GrantoCand Hyde Park Townhomes Homeowners Association, a nonprofit corporation (together, the "Grantee"). RECITALS: WHEREAS, Grantor is the owner in fee of that certain real property situated in Edmonds, Washington, as legally described as follows ("Grantor Parcel"): The North 159 feet of Tract 4, Solner's Five Acre Tracts, according to the Plat thereof recorded in Volume 7 of Plats, Page 25, records of Snohomish County, except the West 100 Feet thereof (also known as Lot 4 of City of Edmonds Short Plat No. S-20-77, recorded under Auditor's File No. 7705310298) Situate in County of Snohomish, State of Washington. WHEREAS, Grantor entered into that certain Storm Sewer Easement Agreement dated as of April 27, 2018, and recorded in the Snohomish County, Washington recorder's office ("Recorder's Office") as document number 201805160124 on May 16, 2018 (the "Easement Agreement"), which Easement Agreement created a perpetual, non-exclusive 10 foot storm drainage easement over a portion of the Grantor Portion ("Existing Easement Area"); and WHEREAS, Grantor and Grantee, as the parties with rights under the Easement Agreement, desire to: (i) release Section 5 of the existing Easement Agreement, and (ii) to confirm the Grantor's unilateral right, at its cost and expense, to relocate the Existing Easement Area to the new easement area depicted Exhibit A on attached hereto ("Revised Easement 66793969.2 -1- https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 1 /7 12/10/21, 1:37 PM Landmark Web Official Records Search Area") in accordance with the Easement Agreement, as such easement area might be revised from time to time by Grantor in accordance with the Easement Agreement. GRANTS AND AGREEMENTS NOW, THEREFORE, in consideration of ten dollars ($10.00), the mutual covenants set forth in this Partial Release and Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Grantor and Grantees agree as follows: n 1. Recitals. The terms and conditions of the Recitals above are incorporated herein and made a part hereof. 2. Capitalized Terms. Any capitalized terms not otherwise defined in this Partial Release and Amendment shall have the meaning ascribed to such terms in the Easement Agreement. 3. Partial Release. Grantee coveiiafits and agrees that Section 5 of the Easement Agreement shall be terminated and released by Grantee as of the Effective Date. 4. Modification of Easement Location. Upon the date selected by Grantor by written notice to Grantee, the Existing Easement area shall be vacated and replaced with the Revised Easement Area. Such relocation of the easement may be effectuated by the sole signature of Grantor as contemplated in the Easement Agreement. 5. Replacement Section 5. The Existing Easement is hereby amended by Grantor and Grantee to add a new Section 5 consisting of the following: "Grantor agrees and covenants that it, its heirs, successors and assigns will not construct, maintain, or suffer to be constructed or maintained upon the storm drainage easement area contemplated in this Agreement any improvement that adversely impacts the use and maintenance of the storm water drainage line contemplated herein; provided that, nothing contained herein shall prevent Grantor, its successors or assigns from constructing, maintaining, repairing or replacing driveways and parking over such easement areas or other building improvements so long as such building improvements do not materially and adversely impact the use and maintenance of the storm water drainage line." 6. No Default. Each party to this Partial Release and Amendment acknowledges and agrees that, as of the Effective Date, they have no knowledge of any uncured breaches or defaults by the other party pursuant to the Easement Agreement. 7. Entire Agreement. The Easement Agreement, as amended by this Partial Release and Amendment, including all exhibits and schedules attached hereto or thereto and documents to be delivered pursuant hereto or thereto, shall constitute the entire agreement and understanding of the parties with respect to the subject matter contained herein, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants related to such subject matter not contained herein. The Easement Agreement, as IWM 66793968.2 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 2/7 12/10/21, 1:37 PM Landmark Web Official Records Search amended by this Partial Release and Amendment runs to the benefit of the successors and assigns of the Easement Agreement. 8. Further Assurances. The parties hereto agree to execute and deliver such other and further documents as may be reasonably necessary or appropriate to consummate the release and also the amendments contemplated herein, including, without limitation, reasonable evidence of the authority to 6-1 te this Partial Release and Amendment. 9. Counterparts. Partial Release and Amendment may be executed in one or I aggregate shalt constitute one and the same instrument. more counterparts, each of whicl 10. Construction. This Release and Amendment and the Easement Agreement shall be governed by and construed i 0rance with the laws of the State of Washington. [signatu ollowing pages. O O -3- 66793968.2 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 3/7 12/10/21, 1:37 PM Landmark Web Official Records Search EXECUTED as of the day and year first above written. GRANTOR: JAS GROUP, LLC, a Washington limited liability company G By: OName: j�,, /C f a Title: �• r C • STATE OFW G;)n5I-'\ ) SS. COUNTY OF SncL•�m �5 �) O O 1, '� m �p,,fe✓ , a notary public in and for said County, in the State aforesaid, do hereby certify that !S" L c� 4 , the L VI e. 5 e �- of JAS Group, LLC, a Washington limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument,. appeared before me this day in person and severally acknowledged that in such capacity, he signed and delivered the said instrument pursuant to authority given by the operating agreement of such company, as his/her free and voluntary act and as the free and voluntary act and deed of such company, for the uses and purposes therein set forth. Given under my hand and official seal this I 'Zfi day of , 200. 1•��, �oYFR �hth y `.NA, �/ � ��0. R RE�y4 /5,�,r7 otary Pubic to S �G�-.t►r�,S� Z! REs,�Y •.Zi 411 so 0. A's3 S i i �'T'''��:��'�PS�� q ,i/I'' /Signature pages continue.) `e O I https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 4/7 12/10/21, 1:37 PM Landmark Web Official Records Search GRANTEE: HYDE PARK TOWNHOMES HOMEOWNERS ASSOCIATION, a Washington non-profit corporation By: 6 Z Name: 0 Title:40! 4�** �'� STATE OF �'�5n) 0i } SS. O COUNTY OF Ste �lm Kh) O 1, (2` r\'� tl V-VA sc"Ie - notary public in and for said County, in the State aforesaid, do hereby certify that . �� n a rip , -1 t the ►-rSjr�tn i— of HYDE PARK TOW OMES HOMEOWNERS AS OCIATION, a Washington non-profit corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that in such capacity, he signed and delivered the said instrument pursuant to authority given by such corporation, as his/her free and voluntary act and as the free and voluntary act and deed of such company, for the uses and purposes therein set forth. Given under my hand and official seal this _�? day of f, 20! � Notary Kublic r, -nTh f W t s1,)re:�f rr https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 5/7 12/10/21, 1:37 PM Landmark Web Official Records Search EXHIBIT A REVISED EASEMENT AREA See Attached 0 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 6/7 AL t I I - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- So 212TH STREET SW SD I 0 20 40 80 p SCALE:. inch = 40 ft. I SD ---- — SD FF"`� RELOCATED 10' I l VI STORM EASEMENT I II I 299 LF 8" SD ® 1.06% I II --- ---- - - - - SD ----t ---------------- �_. EXISTING 10' STORM EASEMENT REC. NO. 201805160124. CONNECT EX. 6" AND PR. 8" STORM - DRAINS WITH CLEANOUT OR CATCH BASIN. APPROX. IE = 373.12 -CONNECT EX. 6" AND PR. 8" STORM DRAINS WITH CLEANOUT OR CATCH BASIN. APPROX. IE = 376.30