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— iu � cn ntWKW fJo, iit I Ui�iJ TO �
<br />_�� D.K. t�OPH JR.
<br />51i3 23rd Avenue lJest
<br />�ve!�ett, Wa. 9�203
<br />�y;��,,�/J
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<br />nI:CLARATION U'r tA;:[��EA7('S
<br />CONDI'I'IO�S At�'D (�I�I.?Fu�TIONS
<br />The tu�dersigned being the oi.�ners in fee or contract purchasers of portions of
<br />the fee of the follo�aing de:cribed property situate in�the Coivrty of Snohomish State
<br />of ��:lshington, to-wit:
<br />-� �
<br />The: South half of Lot 41, Plat of Bever.ly .4creage Trads, according to the
<br />p=at thereof rncorded in l"�iwne 10 of Flats, page S0, records of the Auditor
<br />of the County of Sr,ohomish, State of 14ashington, L•XCEP'T the South 53.G7 feet.
<br />t}:ereof �s mea;ared perpendicular to thc: fouth line of said lot, and also
<br />EXCLPI' that portion thcreof dceded to the rlty of L-verett for strcet and
<br />mtmicipal pui7�oses Uy decd recorded imder Auditor's File No. 8n02070249.
<br />(hereinafter referred to as Tract A)
<br />for and in consideration oi the mutual benefits to be derived th�refrom do hereby
<br />declare, create, establish, gr.mt and convey to the present and futm�e owners of
<br />the above parcel or am� port:ion thereof their heirs, successors vid assigns, an
<br />easement for ingress, egress, utilities, and the placement of trces, shrubs, ;ind
<br />pl�mts, over, alonF, across and un�ler that nortion of the above described Tract
<br />A descr _bed as foi loi��s :
<br />Corrmiencing aY the Southeast corner of Lot 41, Plat of Beverely Acreage Tracts,
<br />according to the plat thereof recorded in Volwne 10 of Plats, page 50, records
<br />of t:he Auditor of Snohomish County, 1;�ashington, thencc North '°OS'12" rast
<br />alcng the East line of said Lot 41, a dist:uice of 125.36 feet to the truc
<br />point of beFinning; thence South 89°00'36" iVest a distance of 55 feet; thence
<br />South at right angles to thc above South 89°00'36" Iti'est bearinF, a distance
<br />of 17 feet more or less to the South ]ine of the NorU7 SS.67 feet of the South
<br />161.07 feet of the South half of said Lot 41, as measured perpendicular to the
<br />South line of said Lot 41; thence South 89°00�36" 1�'ost along the South line of
<br />thc aforesaid North 53.67 fect of the South 1G1.07 feet of said lot, a distance
<br />of 56 fect; thence North at right 1n�les to said li�ie a distance of 54 feet more
<br />or less to the South line oP the �outh half oi i,ot 41, Plat oF �everly Acreage
<br />Tracts, except the South 1G1.01 feet thereof as me.�sirred perPendicular to the
<br />South line of said Lot 41; thence North 89°00' 36" Iiast, along said South line
<br />a distance of 5G feet; thence South at right angles to said line a distance of
<br />17 feet; thence North 89°00'36".Hast a distance of 57 feet mcre or less to the
<br />East line of said Lor. 41 of 13ever].y Acreage Tracts; thence Scuthwesterly along said
<br />F.ast line of said Lot 41, a distance of 20 fe�t more or ]ess to the trt�c point
<br />of beginning. I:\CEI'T an�• portion of said easement �rhich lies iaithin that c�rtain
<br />strip of land deeded to the City of I:vcrett for strect and municipal purposes
<br />by deed recorded under Auditor's Pile P;o, saozo�ozns.
<br />Said easements are appurtenant to and for the benefit of the nresent and future
<br />oi�mers, their heirs, successors anci assigns, of the hereinbefore described Ti-act A,
<br />or ar.y portion thcreof.
<br />'17�e present oi✓�iers do for thcroselves and by �his declaration do bind the futurc
<br />otimers iuho by accept:uuc of a com�eyance of an interc�t either by decd, or a contractt�al
<br />interest; or by inheritance in any portion of Tract A, ti�c* the costs of repair, main-
<br />tenance, and upkeep of s�id easement area, shall Ue borne hy the c:�ner:; of Principal
<br />tracts tvho hat�e an a���iurten:�ni interest in said easement, sai-7 partics ;hare of said
<br />costs to he borne equall�� the ��resent and future oimers oF the nerein clescrihed Tract
<br />A or anv portion thercof. Thc mode and m.�nnei• of �ollecticn ef said costs, and the
<br />determination of the means of enforcement and collection of such costs, and tiahether
<br />such costs can be a lien upon the Propert}� described herein :>hall be determined by a
<br />majm�ity of the o�rners holdin� an interest in thc real property herein described, said
<br />oi,�ners to have oae vote for er�ch lot created �,�ithin the abo•��e described Tract A.
<br />The present oi�mers far thei2selves and fo: their successors v�d assi�ns do, for
<br />and in consideratiun oi the mutual benefits to he dei•ived therrfi•om do hereUy cn•ant
<br />and convey to Public Utility District Ko. 1, of Sncnomish Co,uity, General Telephone
<br />Company of the Northi;est, Inc., and am� public or priv.ite ti�ater or utility district,
<br />gas comp�iny, or television c:�hle corrmany, their heirs, successrii's nnd assigns, an
<br />easement ovcr under a]ong and across thc casement areas hereinbeforc described for
<br />puiposes of furnishing electric po�•�er and telephone communications, water, sewer,
<br />natural gas, and cablevision to tfie principal tra�t or any portion thereof, either
<br />on poles or underground cable or cables, or pipelines. Granting the right to said
<br />companies, their successors, and assigns, the rights of ingress and egress over,
<br />under, along and across said hereinbefore described easement areas for purposes
<br />of repair, maintenance, replacement, and upkeep of said utilities, and further
<br />granting unto said parties the right to cut trees, brush, i�ndergro�•�th, and foliage,
<br />beyond the easement areas, which in the absolute discretion af said companies,
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