9930 EVERGREEN WAY BASE FILE 2018-01-01 MF Import

AGREEMENT BETWEEN THE CITY OF EVERETT and THE OV::RLAKE FUND THIS AGREEMENI' made this L-,' _ day of December, 19i9, between the Overlake Fund, hereinafter called "Fund;' and the City of Everett, a municipal corporation, hereinafter called "City:' In consideration of the City issuing a Right-of-Way Use Yermit to Fund for a driveway accessing onto Evergreen Way, said praperty to be Imown as 9930 Evergreen Way which is located on the following descri6:d lands in the County of Snohomish, Statc� �f Washington, to-wit: That portion of the S S4 of the SW Y� of Section 13, Township 28 North, Range 4 East, W.M., described as follows: Commencing at the southeast comer of said SW S'o; thence 50 9° 07' 10" W along the south line of said SW Yo, 20.0 feet; thence N 0 4o W� parallel with the east line of said SW 1�, 340.975 feet; thence 5 89 07 10' W 499.66 feet, more or less, to the westerly line of former State Highway Ne. 1, now Evergreen Wayb thence S 31° 38' W, along saio road margin, 29.40 feet; thence N 58 2�' W 193.32 feet; thence 5 89 07' 10" W 155.0 feet; thence 5 0° �2' S0" E 138.'8 feet to the True Point of Beginning; thence S 89 07' 10" W 498.46 feet to an intersection with a line that is parallel with and 135 feet southeasterl� of the southeaster:y right-of-way line of Holly Drive; thence S 45 05' W parallel with said Holly Drive 347.75 feet to the north right-of-way line of 100th Street S.W.; thence PJ 89° 07' 10" E along said right-of-�vay line 835.58 feet to the poini of curvature of a 100' radius curve; thence northeasterly along the arc of said curve for 100.33 feet to the point of tangency withohe northwesterly right-of- way line of Evergreen Way; thence Iv 31 38'6E along said right-of- way line 72.69 feet to a point that bears S 58 c2' C frorri the True Point of Beginning; thence N 58� 22' u' 2�E9.e5 feet to the True Point oi Beginning. The Fund, iis heirs, successors or assigns agree to hold znd save harmless the City from any and all claims for damages, costs, or expenses, or causes of action that may arise because' of ins?atlatia� and maintenance of the above-:eferenced driveway. The Fw�d, ics heirs, successors or as�'gns agree to post and maintain traffic directional signs an� :::ment m•.rkings relative to right-tum only entrance and exit from subject property using the subject driceway, said sig��s and markings as directed ar.�l approved by the City C-ngin�cr.