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<br />AFTER RECORDING, RETURN T0:
<br />' D.K. DOPii JR.
<br />� 5113 23rd Avenue t
<br />Everett, Wa. 98203
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<br />�!O G:::1Sc TAX
<br />RE�UtR�'�
<br />�; , , nr:ct,nttnTro�v or• r��sr-_�+rnn�s
<br />APR 18 i985
<br />l�G�``�`) CONDITION6 AI��D OBLIGATIONS i'.IR!(E S,3/n �mishC�u�tylren�urer
<br />tiY_�_clX1 �.�%lN�OI-f
<br />'I7ie endersigned being the owners in tee or contract purchnsers oL porYions p`}�10tv
<br />thc fec of tlie folloiaing described property situate in the Cottnt�� of Snohomish, State
<br />of lYashington, to-t•�it:
<br />'I7ie Soutli half oi Lot 41, Plat oE I3ever�y Acreage 'Practs, according to the
<br />plat Uiereof recorded in Volwne 10 of Plats, page S0, records of the Auditor
<br />of thc County uf Snohomish, Statc of IVasliint*,ton, L:(CPP1' thc South 5�.(i7 Pect
<br />thereof as measured perpendicular to the South line o{ said lot, and also
<br />E\CEPT that portion thereof deeded Lo the City of I:verett fcr strcet and
<br />municiPal purposes Uy deed recorded under Auditor's Pile Nc. 8G02070249.
<br />(hereinafter re[erred to as Tr.�ct A)
<br />,
<br />for and in consideration oI the mutual. benefits to be derived therefrom do hcrebv
<br />declare, create, establish, grant and convey to tl;e presen� and future otiane7•s of
<br />the �hove parcel or any portion thereof their heirs, snccessors anci assi�*ns, an
<br />ecisemcnt for ingress, egress, utilities, euiel the placement of trecs, slirubs, and
<br />plants, over, al.ong, across and w�der that portion of the aUove described Tract
<br />�1 described as folloti<<s:
<br />Conmiencing at the Southeast corner oF Lot 41, P1at of ]3e��ere1}• Flcreage 1'racts,
<br />according to tlie plat thereof record.d in Volurne ].0 of Plats, page 50, rec�rcls
<br />oP the Auditor of S�to'.iomisli CounCy, ltiashingtou, thence A`ortii ;°OS'12" East
<br />aiong the Gast line of said Lot 41, a distancc of 13;,36 feet to the true
<br />��oint oP be�inning; thence,South 3)°OD'36" 1Pest a distance of 55 Ceet; thence
<br />South at right angles to the above South 89°0�'36" 1Vest bear:ing, a di�tance
<br />of 17 fcet morc or lcss to the South line ot thc North S:�.G? Ccet oL' the >out:h
<br />161.07 Pect of the SoutL half of saie( Lot 41, as me:isw-c�l perpen�licular to thc
<br />South line of said Lot 47; thence South 89°00'36" lYc�st alor.g the South line o£
<br />the aforeslid North 53,67 feet of the South 1:i1.07 feet oi said lot, a distance
<br />of 56 Peet; thence North �i* ripht �nFles to s�id line ❑ distance ol 54 Eeet more
<br />or icss to the Sauth line of Lhe South hal[ of 1,uC 41, Pl.it oL 5everly Acreat;c
<br />Tracts, except the Soutli 161.O1 feet tliereof as me�stired perpendicular to tlle
<br />South line of said Lot 41; thence North R9°00' .i6" I:ast, along said Soufh line
<br />a distance of SG feet; thence South at right anglcs to said line a distance of
<br />17 feet; thence North 89°00'3�" East a distance of i7 feet more or less to the
<br />I:ast linr of said Lot 4i of l�everl�� Acreage Tracts; thence Southi,�esterl�� alon�; said
<br />l�ast line of said Lot 41, a distance o£ 20 feet more or less to the true point
<br />oI' beginning. EkCLPT any portion of said easement ivhich l.ies iaithin that certain
<br />,triF of land deeded to the Ci.ty of Lverett for st.reet and munici.pal purPoses
<br />bv deed re�orded under Auditor's File P'o. 8402070Z�19.
<br />Said casements are appurtenant to and for the benefit of the present ancl future
<br />oi�mers, their heirs, successors an3 assi.gns, of the hereinhefore desci•ibed Tract A,
<br />or am• r�ortion thereof.
<br />'Che present owners do for themselv�s anci by this declaration do bind the future
<br />o�vners who by acceptance n:" r. conveyance of an interest eithcr hy deed, or a contractual
<br />interest, or by inhm•itance in any portion oi Tract A, that the costs of re�air, mai.n-
<br />tenance, and upkeeji of said easement area, shall be borne hy the oi�ners of princinal
<br />tracts who have an appurtenant interest in said easement, said parties share or said
<br />costs to be borne cqually the present and future oivners of the hercin described Tract
<br />A or any pertion t!�ereoi, The mode and manner of collection of said costs, and the
<br />determination of tLe means of enforcement and collection of such costs, and iahether
<br />sud: costs can be a licn upon the property descrihed he:ein shall be determined by a
<br />ma�ority o.f the oi<<ners holding azt interest in the roal proPerty herein described, said
<br />owners to have one vote for each lot created within the aco��e descrihel Tract A.
<br />The present oi.�ners for themselves and for thcir succe,sors and assigns do, for
<br />and in consideration of the mutual benefits to he derived therefrom do hereUy grant
<br />and cont'ey to 1'ui�lic Utility District No. 1., of Snohomish County, General 9'eiephone
<br />Company of the Northwest, Inc., ancl any public or pri��ate �,�ater or utility district,
<br />gas company, or television cable company, their heirs, successors and assigns, an
<br />easement over imder along and across the easement areas hcreinbePore described for
<br />pur��oses of furnish�ing e1ectric power and telephone commuriications, water, sewei�,
<br />natural gas, and cabl�vision to the principal tract or an!� portion thereof, either
<br />on poles or underg�•ound cable or cables, or pipelines. G�•anting thF right to said
<br />companies, tlieir successors, and assigns, the riyhts of ingress anu egress over,
<br />under, along and �•,��oss said her•einbefore described easement areas for, purposes
<br />of repair, maintenance, replacement, and upkeep of sai�i utilities, and further
<br />yranting unto said parties the right to cut trees, brush, undergrowth, and foliage,
<br />beyond the easement areas, wliich in the ab,olute discretion of said companies,
<br />� �0�� � (�2 ? �t -' �JOL IB4i�TPAGEiIs.B�
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