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Easement Docs.pdfRETURN ADDRESS: Thomas F. McDonough 510 Bell Street Edmonds, WA 98020 DOCUMENT TITLE: NO EXCISETAX F- I?µ''n'(')L l I R � DI k K ( 1"i�11f � a, ")1" 0 ski,iil 1 �Vlr�,i' 0 �""'m Viu L�F IvI l ,S �..._� AM NIB��IVIIi�1V�NIVI KIWI �I�INI GS v����"�iW�9l, a REFERENCE/RECORDING NUMBERS OF DOCUMENTS ASSIGNED OR RELEASED: (if applicable) NAMES OF GRANTORS; AND GRANTEE: PAGES WHERE ADDITIONAL NAMES ARE LOCATED: Easement for Underground Cabling THOMAS F. McDONOUGH and MONICA M. McDONOUGH, husband and wife; and BRIAN BROCE and LISA BROCE, husband and wife FRONTIER COMMUNICATIONS N/A ABBREVIATED LEGAL DESCRIPTION W 5 ft. of. - (Additional legal is on page 1 of the document.) (1) Ptn Lot 8, Lots 9, 10, Blk 58, Meadowdale Beach, Vol. 5 p, 38; and (2) Ptn Lot 11, Blk 58, Meadowdale Beach, Vol. 5 p. 38 ASSESSOR'S PROPERTY TAX PARCEL 005131-058-008-01 NUMBER OR ACCOUNT NUMBER: 005131-058-009-00 005131-058-011-00 RETURN ADDRESS: Thomas F. McDonough 510 Bell Street Edmonds, WA 98020 EASEMENT FOR UNDERGROUND CABLING I 11 IIS AGRI"IMI'N'Tis made and entered into th is day cal2017, by and between FRONTIER COMMUNICATIONS (hereinafter"'Frontier"); THOMAS F. McDONOUGH and MONICA M. McDONOUGI-I (hereinafter "McDonough"); and BRIAN BROCE and LISA BROCE (hereinafter "Broce"). WI IEREAS, McDonough and Broce are owners of that certain property in Edmonds described below; WHEREAS, Frontier has accepted consideration from McDonough and Broce to remove above -ground cables and poles and bury Frontier's fiber-optic cables; WHEREAS, the City of Edmonds, during its permit process, has imposed certain conditions on Frontier, and the City of Edmonds agreed to authorize the underground cabling provided McDonough and Broce grant an easement to Frontier for said underground cabling. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties stipulate and agree as follows: I Prqp Ut Aft ctqd, McDonough and Broce own the real property and single- family residences lying cast of 751h Place West, Edmonds, Snohomish County, Washington. The McDonough property is located at 16115 751h Place West, Edmonds, WA 98026, legally described as follows: Lots 8, r and 10, Block 58, Plat of" Meadowdale Beach, according to the plat thereof"recorded in Volume 5 of Plats, page 38, records of'Snofiomish ("ounty,Washington; Except the north half of said Lot 8; and Except that portion conveyed to City of Edmonds for 75`' Place West by deed recorded under Auditor's File No. 90101 10126; "Together with the westerly one-half of vacated 74`h Place West, which would attach by operation of law pursuant to City of Edmonds Ordinance No. 2797 recorded under Auditor's File No. 90101 10127; Together with the westerly 11.0 feet of the easterly one-half of vacated 74`h Place West in the City of Edmonds, Washington, between the northerly boundary, as extended easterly, of the south half of Lot 8, Block 58, and the southerly boundary as extended easterly of Lot 10, Block 58, said plat of Meadowdale Beach; and Together with an easement for ingress and egress as granted by quit claim deed and easement recorded under recording number 9010120365, records of Snohomish County, Washington; Situate in the County of Snohomish, State of Washington. "Tax Account No. 005 13 1-058-008-01 005 13 1-058-009-00 The Broce property is located at 16131 75`' Place West, Edmonds, Washington 98026, legally described as follows: Lot I 1 in Block 58 of Meadowdale Beach, according to plat recorded in Voliune 5 of Plats at page(s) 38, in Snohomish County, Washington. Together with that portion of vacated 74th Place West adjoining or abutting thereon, which upon vacation, attached to said premises by operation of law, pursuant to City of Edmonds Ordinance No. 2797 recorded under recording No. 9010110127. Except any portion of subject property lying within as built 75th Place West as deeded to the City of Edmonds by document recorded under recording No. 90101 10125. Situate in the County of Snohomish, State of Washington. Tax Parcel No. 005131-058-011-00. 2. Or ant ���r�i 1 �rsf���� ent. McDonough and Broce hereby grant to Frontier an easement for ingress, egress, construction, maintenance, and repair of underground facilities including copper and fiber-optic cables across and under the west tive (5 ) feet of the McDonough and Broce properties described above. 3. lnc.or"si� ,tcn't -U . Each party agrees that it will not construct or maintain any structure inconsistent with the easement and covenants set forth in this agreement. The easement described herein shall be for the benefit of the McDonough and Broce properties and for no other purpose. McDonough and Broce grant this Easement for no monetary cost to Frontier. 4. Liniiiations on � se. Immediately after completion of the construction and installation or any subsequent entry upon the properties, Frontier shall restore the McDonough and Broce properties to the condition immediately before such construction or entry. Frontier shall exercise the rights herein granted on the McDonough and Broce properties in a sound, safe, careful, and proper manner, and at all times said properties shall be kept free from accumulation of all waste and debris reasonably associated with the exercise of said rights. Frontier shall not allow, commit, or cause to be committed any destruction, misuse, alteration, or neglect of said properties. This Easement shall terminate in the event Frontier shall permanently cease to maintain and operate underground facilities including copper and fiber- optic cable service in the area. 5. 1 ndc,nir„I ,lic alion. Except for intentional acts by the parties, each party shall indemnify and hold the other harmless from any and all costs, damages, expenses, losses, and/or attorney fees caused by the other's exercise of the easement rights created herein. 6.mcrrrr�rng 'rtr��. This agreement shall be binding upon the parties hereto, their heirs, administrators, agents, successors, and assigns. 7. 1-111trre AI) c• Linen1. This agreement represents the entire agreement of the parties with respect to its subject matter. "There are no other prior or contemporaneous agreements, either written or oral, between the parties with respect to this subject. No provision of this agreement may be modified in any way without the written consent of each party. 8. Atttrrrtq 1 ee . In the event it becomes necessary for either or both of the parties to retain an attorney to undertake action to induce or enforce performance of the obligation of the other arising out of this agreement, or defend a claim brought by the other, then reasonable costs and attorney fees incurred by the prevailing party shall become the obligation of the other party, whether or not suit is instituted. 9. Governing _I a"w. This agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington. 10. Notices. Any notices or demands permitted or required hereunder shall be in writing and delivered either personally or by certified or registered mail addressed to the address set forth on the signature page or such other address as the parties may designate in writing. All notices shall be deemed received on the date the postmarked is affixed by the United States Postal Service DATED this "day ofn 2017. __.....a TIIOMAS F, Mcl)() _:.... �..w Ni II. GI I BRIAN BROCE MONICA M. McDONOUGII L.ISA BROCE Address: 16115 75"' Place West Edmonds, Washington 98026 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISI-[) Address: 16131 75`h Place West Edmonds, WA 98026 On this day personally appeared before me THOMAS F. McDONOUGH and MONICA M. McDONOUGH, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes, Cher nn mentioned. t I,v`k+EIc�. my hand and official seal this day of � 2017. %AON �"' per _ � � �. . � _....m. ,. NO1'A Y l t,,,Ul IWaIC�in and for the.�µ State ,sidrn a t My A point ent F,xpign� es �lIINGTON ) ss. COUNTY OF SNOIIOMISH) On this day personally appeared before me BRIAN BROCE and LISA BROCE, to me known to be the individuals described in and who executed the within and foregoing instrument, and icknQ4ej 44 they signed the same as their free and voluntary act and deed, for the uses and pA�lioncd.. [seal]z:.� rid and official seal t,l day of 2017. Y P01 , ,I ° in and for the�ue of Washington, residing at My Appointment Expires: al &ZO