Loading...
REVIEWED RESUB 3-BLD2023-1355+Easement+10.18.2024_3.31.39_PM+4569294202410090252 EASEMENT Rec: $312.50 10/9/2024 3:08 PM I of 10 SNOHOMISH COUNTY, WA Electronically Recorded Filed for and return to: Signature Homes by Village Life, LLC Attn: Robert Schwindt, 19020 33rd Ave. W., Ste, 450 Lynnwood, Washington 98036 Grantor(s)- Sigiiature Homes ley tillage lifie, I,I,C,aM'asliiaigioiiiinii(edhibditycoinpwiy., its sHccessorsaud/or assigns Grantee4): Signature Hurnes by Village Iife, LLC, a Wtshingtou litnited liabdityrornpatiy, its siiCcessors Inn-vor assigns Reference Number(s) of Docurnents, Assigned or Rclmwd: N/A AbbrvviatedIxgalDesaiption: Ptti. of die NW 1/4 S 19,1`27 N, R4 E,W,M., Snohor-,iish Counfy,'WA� Complete legal descriptions provided in ExhibiLs A, B & C ofthe docitifient Assessor's ParcelNumber(s): 27041900211400 (Grantor's Property); 27041900202900 (Graiac's Propert�) STORM DRAINAGE EASEMENT AGREEMENT This "Storm Drainage Easement Agreement" (the "Easement") is entered into by SIGNXI'URE HOMES BY VILLAGE LIFE, LLC, a Washington limited liability company (referred to herein as "Signature Homes ") . Grantor and Grantee are sometimes referred to herein individually as a "Part))" and collectively as the "Parties." RF.cITALS: A. WI-IEREAS, On September 14, 2023, Signature Homes purchased that certain real property located at 8427 2000' St SW Edmonds, Snohomish County, Washington, WA 98026, identified as Snohomish County Parcel No. 27041900211400 and more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the "Grantor's Property"); B. WHEREAS, On August 15, 2024, Signature Homes purchased that certain real property located at 8503 2001 St SW Edmonds, Snohomish County, Washington, WA 98026, identified as Snohomish County Parcel No. 27041900202900 and more particularly described in the legal description attached here to as Exhibit B and incorporated herein by this reference (the "Grantee's Property"); C. WI-IEREAS, Signature Homes intends to construct a, single family home on the Grantee's Property, which necessitates construction or storm drainage improvements on a portion of the Grantor's Property (the "Storm Drainage Improvements"); and (�D�) Ili q STORM DRAINAGE L4 ASEMEN'r ACRFEMFN'I' CHICAGO TITLE INSURANCE COMPANY HAS PLACED PAGE I OF 10 THIS DOCUMENT OF RECORD AS A CUSTOMER COURTESY AND ACCEPTS NO UAKITY FOR THE ACCURACY OR VALIDITY OF THE DOCUMENT, 202410090252 Document: EASEMENT Rec: $312.50 Page-2 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA D. . • desires to grant, and Grantee desires to receive for the benefit of Grantee's Property, an easement over, across, under and through a portion of Grantor's Property legally described in Exhibit C and incorporated herein by this reference (the "Easement Area'), and as depicted on the map attached hereto as,Exhibit D and in - •use of t e Storm Drainage Improvements on the terms and conditions set forth herein. Recitals.1. • • Recitals. true • correct, incorporated 2. Grant of grants • Grantee, and Grantee's ag�n_tscontractors,and subcontractors,or the benefit of •Grantee's Property, a perpetual easement over, under, across, through and below the Easement Area on Grantor's Property for the operation, maintenance, repair, replacement and use of the Storm Drainage Improvements. Grantee shallr 1 access, ingress,over and . i . • • • .: shall have the further right, at Grantee's sole cost and expense, to remove trees, brush, undergrowth, and other obstructions on the Easement Area interfering with the operation, `r.Imrsirovements. Grantee's use of the Easement Area shall not interfere with Grantor's use of r . of the Grantor's Property. Partiesplace,or 1 on Area any permanent improvements, structures or buildings of • Parties. continue in perpetuity. 2.2 Status of Easement. This Easement is non-exclusive. Unless and until terminated, this Easement shall run with the land and shall bind the successors and assigns of each Party. 2.3 Nature of Easement. The easement rights granted herein are for the benefit of, and appurtenant to, Grantee's Property. 2.4 Rights; Third Parties. This Easement creates no rights in the public, and is not intended as a dedication to the public. No third party shall have any right to enforce this Easement. STORM DRAINAGE EASEMENT AGREEMENT PAGE 2 OF 10 202410090252 Document: EASEMENT Rec: S312.50 Page-3 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA 3. Maintenance. 3.1 Grantee shall be solely responsible to pay all costs associated with the operation, maintenance, repair, replacement and use of the Strom Drainage Improvements. 3.2 At all times, Grantee shall act in a manner so as to prevent bodily harm to persons and damage to property. Without limiting the generality of the foregoing, Grantee shall take all actions necessary to prevent damage to any portion of the Grantor's Property, . . 111 W14T,—c iki�� fences, drain fields, utilities, landscaping, sidewalks, curbs, curb cuts and roads) except wherc necessary for the operation, use, maintenance, repair and replacement of the Storm Drainage Improvements. 3.3 Grantee shall at all times ensure that all activities undertaken by or on laws, regulations, ordinances and rules of any governmental authority with jurisdiction. Grantee shall obtain all necessary permits, approvals or licenses required by any 3.4 Except as may be reasonably necessary in connection with, and as part of, the operation, maintenance, repair, replacement and use of the Storm Drainage Improvements, Grantee shall not cause or permit any equipment, supplies, vehicles or other items to be kept or stored upon the Easement Area without Grantor's prior written consent. 3.5 Within thirty (30) days after Grantee completes any maintenance, repair or replacement work on Grantor's Property, Grantee shall, at its sole expense, restore all landscaping, soil, utilities and any other physical improvements disturbed or damaged by such work to their condition prior to the commencement of such work. 4. Indemnitv. Grantee agrees to indemnify, defend and hold Grantor harmless from any and all loss, cost, or damages arising in any way from the exercise of the rights granted to Grantee by this Easement, including, but not limited to, any damage caused by Grantee or Grantee's employees, agents, of contractors to any improvements on Grantor's Property. 11.1 1 1 1 11 5.1 Costs and Attorneys' Fees. If either Party shall bring any suit, arbitration or other action against another for relief, declaratory or otherwise, arising out of this Easement, the prevailing Party shall have and recover against the other Party, in addition to all costs and disbursements, such sum as the Court or arbiter may deten-nine to be a reasonable attorneys' fee. 24.GE 3 OF 10 202410090252 Document: EASEMENT Rec: $312.50 Page-4 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA 5.2 Specific Performance. If either Party shall default in its obligations under this Easement, the Parties acknowledge that it would be extremely difficult to measure the resulting damages. Accordingly, the non -defaulting Party, in addition to any other rights or remedies, shall be entitled to restraint by injunction of a violation, or attempted or threatened violation, of any condition or provision of this Easement, or to a decree specifically compelling performance of any such condition or provision. In such event, the Parties hereto each expressly waive their defense that a remedy in damages or at law would be adequate. 5.3 Binding Effect. This Easement shall be binding upon the heirs, successors and assigns of the Parties. 5.4 Waiver. No waiver of any of the provisions of this Easement shall be effective unless it is in writing, signed by the Party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 5.5 Severability. Any provision of this Easement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision of this Easement. 5.6 Captions Not Controlling. The captions and paragraph headings contained are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof. 5.7 Governing Law and Venue. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. In the event a dispute arises between the Parties and an action is instituted, the Parties agree that venue for such action shall be in Snohomish County, Washington. 5.8 Interpretation and Construction ofEasement. This Easement has been reviewed and approved by the Parties. In the event it should be determined in any action regarding this Easement that any provision of this Easement is uncertain or ambiguous, the language and all parts of this Easement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for or against either Party. 5.9 Authority of Parties. Any individual signing this Agreement on behalf of an entity represents and warrants to the other that such individual has authority to do so and, upon such individual's execution, that this Easement shall be binding upon and enforceable against the Party on behalf of whom such individual is signing. [Remainder of page left intentionally blank; signatures follow] PAGE 4 OF 10 202410090252 Document: EASEMENT Rec: $312.50 Page-5 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA IN WITNESS WHEREOF, the Parties have executed this Easement on the date(s) set forth below. az= ��. 1701�� STATE OF WASHINGTON ) ss. COUNTY OF ') I certify that I know or have satisfactory evidence that Kryin /./, n rd is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Authorized Representative of Signature Homes by Village Life, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. toff'4" rrrrr 00 Vk AND p. NOTARY G PUBLIC AI EXPN ......... 01 OP WASkk'%Xo°�% 111171"'0444if still," PAGE 5 OF 10 Print Name-44j4rjjrLAndcrM residing at aVhgqj1ik My commission expire 202410090252 Document: EASEMENT Rec: 5312.50 Page-6 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA i j i i• i i r • NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON; THENCE NORTH THENCE SOUTH 89001'50" WEST 333.61 FEET; THENCE SOUTH 01 THENCE NORTH 89004'20" EAST 333.60 FEET TO THE POINT OF BEGINNING. ROADS,20 FEET FOR EXCEPT THE SOUTH 5 FEET THEREOF AS DEEDED TO THE CITY OF EDMONDS UNDER AUDITOR'S FILE NO. 2105191. PAGE 6 OF 10 202410090252 Document: EASEMENT Rec: S312.50 Page-7 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA t !'� rmeammumm " A IwivIl NORTHTHIS DESCRIPTION; THENCE THENCE SOUTH 89" i FOR .i THENCE SOUTH * i i, OR LESS, TO SOUTHSAID NORTHEAST QUARTER QUARTER; R NORTHTHENCE 890 : 04EAST POINT OF BEGINNING; S-17#-"A-WJ:', 202410090252 Document: EASEMENT Rec: S312.50 Page-8 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA 1 r r s MEMEMI BEGINNING AT THE SOUTHWEST CORNER O, THAT PROPERTY PREVIOUSLY DESCRIBED HEREIN THENCE NORTH 01 032'20" WEST 18.50 FEET ALONG THE WEST LINE OF R THENCE SOUTH 31032'38" EAST 21.50 FEET TO THE SOUTH LINE OF D PROPERTY; THENCE SOUTH 89004'20" WEST 10.75 FEET ALONG THE SOUTH LINE OF SAID PROPERTY TO THE POINT OF BEGINNING. Tllj• kt PAGE 8 OF 10 202410090252 Document: EASEMENT Rec: S312.50 Page-9 of 10 Record Date:10/9/2024 3:08 PM Snohomish County, WA r ! k 4 PAGE 9 OF 10 m N89- �,129-E 80.00' TPN 27041900202901 GRANTEE HARMSEN 15 2822 COLBY AVE. (360) 794-78, SUITE 300 (425) 252-18 EVERETT, WA 98201(360) 805-971 N89*01'50"E 78.39' TPN 27041900211400 GRANTOR m C,4 no I PROPOSED PRIVATE DRAINAGE EASEMENT N31'32'38"W /-21.50' 99.4 SQ. FT. 18.50' POINT OF N89*04'20"E 67.64' BEGINNING N89'04'20"E 99.25' '--10.75' 6.00, cq oa CQ 0 cq ST SW -200TH N89*04'20"E 1332.51' SITE ADDRESSES 8427 & 8503 200TH ST SW EDMONDS, WA 98026 PARCEL NUMBERS 30 15 0 30 27041900211400 SCALE: 1" = 30' 27041900202900