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� <br />� <br />DECLARATION OF <br />PRIVATE A.CCESS EASEMENT <br />AND <br />iVIAINTENANCE AGREEMENT <br />o ������[� D <br />� � <br />SEP 1 7 �g„2 <br />_ ......... .. . ............ <br />GI � . :. ' EYEi�TT <br />Bldg. ren��it Ccunter <br />KNOW ALL MEN BY TFIESE PRESENTS that we the undersigned ownere of <br />Lots 3 and 4 of the City of Everett Short Subdivision No. 35-86 as <br />recorded under Auditor's File No. 8709085004 (map) and 8709080315 <br />(documents), records of Snohomish County, Washington, being a <br />portion of Lot 32, Maple Heights, as per plat recorded in Volume l0 <br />of Plats, page 23, records of said County do hereby declare �n;� <br />establish a private access easement over, under and acro�: i.'�e <br />followinq described tract of land: <br />Beginning at the Southeast corner of said Lot 4; thence S55°28'10"W <br />alonq the South line thereof 61.42 feet; thence N37°3i'10"W <br />parallel with the East line of said Lot 4 80.00 feet; thence <br />N55°26'10"F. 25.00 feet thence S33°32'10"E 15.77 feet; thence <br />N55°28'iC"E 6.55 feet; thence S31°32�10"E 30.00 feet; thence <br />N55"28�10"E 29.87 feet to the East line of said Lot 4; thence <br />S31°32'10"E 34.23 feet to the True Point of Beginning. <br />SUBJECT TO TAE FOLLOWING COVENANTS AND CONDITIONS: <br />1. That the purpose of said easement is for ingress, egress and <br />for utilities, and for the construction, use and maintenance <br />thereof. <br />2. That the maintenance costs of this access easement described <br />by this declaration shall be borne in equal shares by the <br />owners of said Lots � and 4, or their heirs, assigns or <br />successors, unless and until such a.ccess is improved to City <br />of Everett standards and are dedicated to and accepted by the <br />City of Everett. <br />3. That this private access will be subject to a utilities <br />easement in favor of the GRANTOR or their successors and of <br />any electric, telephone, television cable, gas, water or sewer <br />company, public or private, or their permittee or assigns to <br />install, construct, operate, maintain, alter, and repair their <br />respective utilities, together with the right of ingress and <br />egr.ess for said access purposes. <br />4. That this private access described by this declaration, <br />whether it remains private or becomes a dedicated City Access, <br />there is the additional right to make all necessary slopes for <br />cuts and fills, and the right to continue to drain said access <br />over and across any lot or lots where water might take a <br />natural course upon reasonable grading pursuant to improvement <br />for dedication of the access described herein. <br />5 <br />6. <br />This easement shall run with the land and shall be binding on <br />all parties having or acqui�ing any right, title, or interest <br />in the land described herein or any part thereof. <br />That these covenants are for the mutual benefit of the <br />GRANTORS and their hei.rs, successors and assigns, and are for <br />the further purpose of cer,ipliancz with Y.he resolutions and <br />regulations of the City of Everett and that the City and such <br />persons are specifically given the right to enforce these <br />restrictions and reservations by injunction or other lawful <br />procedure and to recover any damage resulting from any <br />violation. <br />Paqe 1 of 2 <br />1:11719.080792.e.laviqne.dtg <br />\ <br />Kegel & Associates Inc. � EVERETT. WASHINGTON 98204 <br />