Easement Docs.pdfRETURN ADDRESS:
Thomas F. McDonough
510 Bell Street
Edmonds, WA 98020
DOCUMENT TITLE:
NO EXCISETAX
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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:
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