REVIEWED ENG RESUB2 BLD2024-0547 RECORDED PRIVATE EASEMENT202410180145
EASEMENT Rec: $314.50
10/18/2024 11:40 AM 12 PG
SNOHOMISH COUNTY, WA
BLD2024-0547
NO EXCISE TAX
After recording, return to: REQUIRED
Kevin Reid
21717 Makah Road OCT 18 2024
Woodway, WA 98020
BRIAN SULLIVAN, Snohomish County T surer
By BRIAN SL IVAN
GRANTORS:
NON-EXCLUSIVE UTILITY EASEMENT
RECEIVED
Oct 21 2024
CITY OF EDMONDS
DEVELOPMENT SERVICES
DEPARTMENT
1) Parcel A Grantor: Alvin Zahnow and Esther
Zahnow, husband and wife
2) Parcel B Grantor: Christopher E. Burdett and Lisa M.
Burdett, husband and wife
GRANTEES: 1) Christopher E. Burdett and Lisa M. Burdett, husband
and wife
2) Kevin E. Reid and Carolyn N. Reid, husband and
wife
Abbreviated Legal
Description: Ptn Sec 23, T 27 N, R 3 E., W.M., Snohomish County
Tax Parcel Nos: 27032300100700 (Parcel A); 27032300100900 (Parcel B);
27032300101100 (Parcel C)
Documents Referenced: #202203220630
NON-EXCLUSIVE UTILITY EASEMENT
THIS NON-EXCLUSIVE UTILITY EASEMENT ("Easement") is given this
day of July, 2024, by Alvin Zahnow and Esther Zahnow ("Parcel A Grantor"), whose
mailing address is 340 Sunset Ave. N, Edmonds, WA 98020, and Christopher E. and Lisa M.
Burdett ("Parcel B Grantor"), whose mailing address is 332 Sunset Ave. N., Edmonds, WA
98020, to Christopher E. and Lisa M. Burdett, whose mailing address is 332 Sunset Ave. N.,
Edmonds, WA 98020, and Kevin E. and Carolyn N. Reid whose mailing address is 326
Sunset Ave. N, Edmonds, WA 98020 (each a "Grantee" and together, "Grantees"). As used
herein, the term "Parcel A Grantor" and "Parcel B Grantor" shall include any and all heirs,
successors or assigns of either of the Grantors, and all subsequent owners of the Property (as
hereinafter defined) and the term "Grantees" shall include any successor or assignee of
Grantee.
WITNESSETH
WHEREAS, Parcel A Grantor is the fee simple owner of certain lands situated in
Snohomish County, Washington, and more specifically described on Exhibit A attached
hereto and incorporated herein (the "Parcel A Property"); and
WHEREAS, Parcel B Grantor and Grantee Burdett is the fee simple owner of certain
lands situated in Snohomish County, Washington, and more specifically described on Exhibit
B attached hereto and incorporated herein (the "Parcel B Property'); and
WHEREAS, Grantee Reid is the fee simple owner of certain lands situated in
Snohomish County, Washington, and more specifically described on Exhibit C Attached
hereto and incorporated herein (the "Parcel C Property"); and
WHEREAS, Parcel A Grantor entered into that certain Non -Exclusive Utility
Easement recorded in Snohomish County Records at #202203220630, which was intended to
benefit the Parcel B Property, and was dated March 16, 2022. The Parcel B Property owner
was identified as CB Hotel I, LLC, a Washington limited liability company owned by
Christopher E. and Lisa M. Burdett. However, the Parcel B Property had recently been
transferred from CB Hotel I, LLC to Christopher E. and Lisa M. Burdett pursuant to a Quit
Claim Deed dated March 14, 2022 and recorded in Snohomish County Records at
#202203210176. Parcel A Grantor and Parcel B Grantor desire to correct and ratify the
intended easement.
WHEREAS, Parcel A Grantor and Parcel B Grantor (together, the "Grantors") have
agreed to grant and convey to Grantees, for the benefit of the Parcel B Property and the Parcel
C Property, a non-exclusive utility easement over, under, on, upon, along and across the
property as legally described in Exhibit D and illustrated in Exhibit E for the specific and
limited purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, together with ten ($10.00) dollars for good and valuable
consideration provided to Grantors, the adequacy and receipt of which are hereby
acknowledged and accepted, Grantors hereby voluntarily grant, create, convey, and establish
a perpetual easement for and in favor of Grantees upon the property described on Exhibit D
and illustrated on Exhibit E which shall run with the land and be binding upon the Grantors,
their heirs and successors.
The scope, nature, and character of this Easement shall be as follows:
1. Recitals. The recitals herein are true and correct and are hereby incorporated into and
made a part of this Easement.
2. Purpose. It is the purpose of this Easement to grant a utility easement over the Parcel A
Property for the benefit of the Parcel B Property and the Parcel C Property, and to
grant a utility easement over the Parcel B Property for the benefit of the Parcel C
Property, for the purpose of installing, operating and maintaining a storm pipe
connection, and any related appurtenances in the immediate vicinity of the Property.
3. No Dedication. No right of access by the general public to any portion of the Property A
Property or Parcel B Property is conveyed by this Easement.
4. Benefit and assi n�ent. This conveyance shall be binding on and inure to the benefit of
the parties and their respective permitted successors, assigns, heirs, and legal
representatives and shall be appurtenant to and run with the land described in Exhibit
A, Exhibit B, and Exhibit C.
5. Grantee Liability. Grantees shall be responsible for any costs or liabilities related to the
operation, upkeep, or maintenance of this Easement. Grantees shall promptly repair
Grantors' parcels to as good or better condition following any work performed with
respect to a Grantees' pipe or use of the Easement.
6. Duration. This Easement shall remain in full force and effect in perpetuity.
7. Jurisdiction and venue. Any disputes under this Easement shall be subject to the laws of
the state of Washington and venue for any disputes shall lie in Snohomish County,
Washington.
8. Severability. If any term, covenant, or condition of this Easement or the application of
which to any party or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Easement or the application of the term, covenant, or condition to
persons or circumstances other than those to which it is held invalid or unenforceable,
shall be effective, and each term, covenant, or condition of this Easement shall be
valid and enforced to the fullest extent permitted by law.
9. Notice. Except as otherwise provided, all notices required under this Easement shall
be effective only if in writing or in a form of electronic or facsimile transmission that
provides evidence of receipt and shall be either personally served, electronically
transmitted, or sent with postage prepaid to the appropriate party at its address as set
forth in the introductory paragraph of this Easement. Either party may change its
address by giving notice of the change or a new facsimile transmission number to
the other as provided in this agreement.
10. Entire agreement. This Easement and all exhibits form the entire agreement between
the parties with respect to the subject matter of this Easement and all prior
negotiations and agreements with respect to the Easement between the parties,
whether written or oral, shall be of no further force and effect.
11. Modification. This Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, assigns or successors -in -
interest which shall be filed in the public records in Snohomish County, Washington.
EXHIBIT A
PARCEL A PROPERTY LEGAL DESCRIPTION:
(Zahnow)
Parcel Number: 27032300100700
Parcel 1, City of Edmonds Boundary Line Adjustment No. PLN-2013-0054 recorded under
recording no. 201402205005, records of Snohomish County, Washington, being a portion of
Government Lot 1, Section 23, Township 27 North, Range 3 East of the Willamette
Meridian.
Together with that portion of Parcel 2, City of Edmonds Boundary Line Adjustment No.
PLN-2013-0054 recorded under recording no. 201402205005, records of Snohomish
County, Washington, being a portion of Government Lot 1, Section 23, Township 27 North,
Range 3 East, W.M. described as follows:
Beginning at the northwesterly corner of said Parcel 2;
Thence south 58°31'20" east, along the northerly line of said Parcel 2; a distance of 33.67
feet;
Thence south 60°54'40" west, a distance of 68.53 feet to the westerly line of said Parcel 2;
Thence north 31°28'40" east, along said westerly line, a distance of 59.68 feet to the point
of beginning.
Subject to a non-exclusive easement for ingress, egress and the installation, operation and
maintenance of utilities, over, under, across, through and upon that portion of said
Government Lot 1, described as follows:
Beginning at a point on the east side of Front Street in the City of Edmonds, County of
Snohomish, State of Washington, 340 feet northerly of the northeast corner of Front and
Edmonds Streets which is the true point of beginning;
Thence easterly at right angles 115 feet;
Thence northerly at right angles 15 feet;
Thence westerly at right angles 95 feet;
Thence northwesterly to a point on the easterly side of Front Street 20.66 feet northerly to
the true point of beginning;
Thence southerly along said easterly line 20.66 feet to the true point of beginning.
EXHIBIT B
PARCEL B PROPERTY LEGAL DESCRIPTION
(Burdett)
Parcel Number: 27032300100900
Parcel A, City of Edmonds Lot Line Adjustment No. PLN2021-0031, according to the map
thereof under recording no. 202109305001, being a portion of Government Lot 1, Section
23, Township 27 North, Range 3 East W.M.
And a portion of Lot 4, Sunset Addition to the City of Edmonds, according to the plat
thereof recorded in Volume 15 of Plats, Page 41, records of Snohomish County,
Washington.
EXHIBIT C
PARCEL C PROPERTY LEGAL DESCRIPTION
(Reid)
Parcel Number: 27032300101100
That portion of Government Lot 1 in Section 23, Township 27 North, Range 3 East, W.M.,
described as follows:
Beginning at a point 214 feet north of the northeast corner of Edmonds and Front Streets,
City of Edmonds, Snohomish County, Washington;
Thence running north along the east side of Front Street 66 feet;
Thence east 120 feet;
"Thence south 66 feet;
Thence west 120 feet to the point of beginning.
Situate in the County of Snohomish, State of Washington.
EXHIBIT D
UTILITY EASEMENT LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 1, SECTION 23, TOWNSHIP 27 NORTH,
RANGE 3 EAST OF THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 280 FEET NORTH OF THE NORTHEAST CORNER OF
EDMONDS AND FRONT STREET, CITY OF EDMONDS, SNOHOMISH COUNTY,
WASHINGTON;
THENCE S58031'20"E, A DISTANCE OF 117.95 FEET TO THE POINT OF BEGINNING;
THENCE N83041'15"E, 45.42 FEET,
THENCE N33024' 17"E, 27.19 FEET;
THENCE N58031'20"W, 57.84 FEET;
THENCE N31 °028' 40"E, 5.00 FEET TO THE SOUTH LINE OF BOUNDARY LINE
ADJUSTMENT PLN-2014-0025, RECORDING NO.201409185002;
THENCE S58031'20"E ALONG THE SOUTH LINE OF SAID BOUNDARY LINE
ADJUSTMENT, 63.02 FEET;
THENCE S33024' 17"W, 34.70 FEET;
THENCE S83041' 15"W, 41.32 FEET;
THENCE N58031'20"W, 8.16 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING AT A POINT ON THE EAST SIDE OF THE FRONT STREET IN THE
CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, 340
FEET NORTHERLY OF THE NORTHEAST CORNER OF FRONT AND EDMONDS
STREETS WHICH IS THE TRUE POINT OF BEGINNING;
THENCE EASTERLY AT RIGHT ANGLES 115 FEET;
THENCE NORTHERLY AT RIGHT ANGELS 15 FEET;
THENCE WESTERLY AT RIGHT ANGLES 95 FEET;
THENCE NORTHWESTERLY TO A POINT OF THE EASTERLY SIDE OF FRONT
STREET 20.66 FEET NORTHERLY OF THE TRUE POINT OF BEGINNING;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE 20.66 FEET TO THE TRUE
POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
EXHIBIT E
ILLUSTRATION OF EASEMENT AREA
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:�M 114 OF NE V40PSEC. A. 3-E--.--W--- M-f,
STATE OF WASHINGTON )
ss.
COUNTY OF I
I certify that I know or have satisfactory evidence that Alvin Zahnow is the person
who appeared before me, and said person acknowledged that he/she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in the instrument.
DATED: QCAt2 fr }Q , 2024.
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EXP'j'�•y
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NOTARY `PO
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OF IW; SO "S'
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STATE OF WASHINGTON )
ss.
COUNTY OF )
NOTARY PUBLIC for the State of
Washington, residing at M= r pee
My appointment expires: 1 I l�cJ
I certify that I know or have satisfactory evidence that Esther Zahnow is the person
who appeared before me, and said person acknowledged that he/she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in the instrument.
DATED: VO-ob-er Fo , 2024.
woz.
' F-sw rama&N, , a4l
P���M =!,- �l ■�
NOTARY PUBLIC for the State of
Washington, residing at
My appointment expires: V 1, )a-4)-
STATE OF WASHINGTON )
) ss.
COUNTY OF_ Sn J12ov» )
I certify that I know or have satisfactory evidence that Christopher E. Burdett is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument and acknowledged it to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: a tojo'e: , / -7 r-"- , 2024.
•'PaM1 EXp sy��l
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PUBLIC
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IWA1SN;�i
STATE OF WASHINGTON )
ss.
COUNTY OF S P'0 GW IM 4, )
NOTARY PUBLIC for the $=-Ll
Washington, residing atyft
My appointment expires: LI'i-2.7
I certify that I know or have satisfactory evidence that Lisa M. Burdett is the person
who appeared before me, and said person acknowledged that he/she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in the instrument.
DATED: OC, �O b{r- / `7 '-"— 2024.
11
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PUBLIC ;
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NOTARY PUBLIC for the State of
Washington, residing at I A/I .
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF yt.OkOv►) 3 4 )
I certify that I know or have satisfactory evidence that Kevin E. Reid is the person
who appeared before me, and said person acknowledged that he/she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in the instrument.
DATED: Obf y 6-Q f- I / ') j ', , 2024.
�,. �\.ISE C
Quo `j,. EXP,
:> NOTARY
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;N ,0 PUBLIC 4b
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STATE OF WASHINGTON )
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COUNTY OF L`' )
NOTARY PUBLIC for the State of aa
Washington, residing at ;� t1t,G��� W�f
My appointment expires: % l Li--2 7
I certify that I know or have satisfactory evidence that Carolyn N. Reid is the person
who appeared before me, and said person acknowledged that he/she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in the instrument. I
DATED: 0 Lh-o� i / —7tq- , 2024.
t EXP
[PRINT NAME]
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NOTARY `o : '
PUBLIC
NOTARY PUBLIC for the State of /
Washington, residing at ��'G'/ -0/1/3 A
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9�'• M. #zso, ,• �•
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My appointment expires: / a
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IN WITNESS WHEREOF, the parties have entered into this Easement as of the day and
year first written above.
GRANTORS:
0, 3 "-4�
Alvin Zahnow
Christopher E. Burdett
Lisa M. Burdett
GRANTEES:
Kevin E. Reid
Christopher E. Burdett
Lisa M. Burdett
[acknowledgements follow]