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Home My WebLink About20260720_PWD3985_Recorded Easement Termination 202607090544 RELEASE OF EASEMENT Rae:$308.50 7/9/2026 4:28 PM 1 of 6 SNOHOMISH COUNTY. WA Electronically Rxorded Recorded at the Request or, After Recording,Return to: Thad Newport Development Services Engineering Manager NO EXCISE TAX City of Arlington REQUIRED 18204 5911 Ave NE,Arlington,WA 98223 JUL 0 9 2026 ACCOMMODATION ONLY bal� BRIAN SULLIVAN.Snohorrush County Tr'ejS;ry (TI Bi ug No., By BRIAN SULLIVAN' T Document: Agreement Terminating Easement Recording No.of document released: 202107165005 Grantor: City of Arlington Grantee: Harmony at Arlington,LLC Abbreviated Legal: TRACT B PER CITY ARL BSP PFN 577 REC AFN 202107165005 BEING PTN SD SEC Section 1 I Township 31 Range 05 Qtr SW Tax Parcel Nos.: 31051100304000 AGREEMENT TERMINATING EASEMENT This Agreement Terminating Easement(the"Agreement")is being made on the day of June, 2026 by and between City of Arlington,on behalf of itself and its successors in interest(hereinafter "Grantor")and Harmony at Arlington,LLC,on behalf of itself and its successors in interest(hereinafter "Grantee"). RECITALS A. Grantee owns certain real property addressed as 7417 204TH ST NE, Arlington, WA 98223 and generally legally described as: TRACT B PER CITY ARL BSP PFN 577 REC AFN 202107165005 BEING PTN SD SEC Section I I Township 31 Range 05 Qtr SW; And bearing Snohomish County Tax Parcel Nos. 31051100304000 (hereinafter the"Burdened Parcels"). Recorded at the Request of, After Recording,Return to: Thad Newport Development Services Engineering Manager City of Arlington 18204 59 h Ave NE,Arlington, WA 98223 ACCOMMODATION ONLY CTI Iiilbs No:iton tom Document: Agreement Terminating Easement Recording No. of 202107165005 document released: Grantor: City of Arlington Grantee: Harmony at Arlington, LLC Abbreviated Legal: TRACT B PER CITY ARL BSP PFN 577 REC AFN 202107165005 BEING PTN SD SEC Section 11 Township 31 Range 05 Qtr SW Tax Parcel Nos.: 31051100304000 AGREEMENT TERMINATING EASEMENT This Agreement Terminating Easement(the"Agreement")is being made on the �- day of June, 2026 by and between City of Arlington, on behalf of itself and its successors in interest(hereinafter "Grantor")and Harmony at Arlington,LLC, on behalf of itself and its successors in interest(hereinafter "Grantee"). RECITALS A. Grantee owns certain real property addressed as 7417 204TH ST NE, Arlington, WA 98223 and generally legally described as: TRACT B PER CITY ARL BSP PIN 577 REC AFN 202107165005 BEING PTN SD SEC Section 11 Township 31 Range 05 Qtr SW; And bearing Snohomish County Tax Parcel Nos. 31051100304000 (hereinafter the"Burdened Parcels"). B. Grantor was granted an easement for a water line across Tract B of the Burdened Parcel by File No. 202107165005 and referenced as Easement#1 on sheet 2 of City of Arlington Binding Site Plan PLN#577. C. The parties now wish to terminate the easement. AGREEMENT NOW, THEREFORE,the parties hereby agree as follows: 1. Termination of Easement. The easement granted to Grantor in the Agreement for Easement recorded under File No. 202107165005 and referenced as Easement#1 on sheet 2 of City of Arlington Binding Site Plan PLN #577, and depicted on Exhibit A attached and incorporated herein, shall terminate,be released, and be of no further force or effect upon recording of this Agreement. 2. Recording. Relinquishment of the easement evidenced by this Agreement shall be at no cost to Grantor. Grantee shall be responsible for and shall bear the cost of recording this Agreement in the real property records of Snohomish County, Washington. 3. Sevembility. In case any term of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, in whole or in part, the validity of any of the other terms of this Agreement shall not in any way be affected thereby and this Agreement shall be modified to the least extent possible to eliminate the invalidity, illegality, or unenforceability. 5. Modification. This Agreement cannot be modified except by a writing, executed by the parties hereto, or their successors in interest, that expresses, by its terms, an intention to modify this Agreement. 6. Waiver. No extension of time or waiver of the performance of any obligation due under this Agreement shall be effective unless in writing and signed by all of the parties hereto or their successors in interest. No such waiver shall operate or be construed as a waiver of any subsequent act or omission. 7. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue of any action to enforce or interpret this Agreement shall be in Snohomish County,Washington. 8. Attorneys' Fees/Cost(s). In the event any party or their successors in interest files any proceeding of any kind or nature to enforce or interpret the terms of this Agreement, the substantially- prevailing party in such proceeding shall be awarded a judgment against the substantially-non-prevailing party/parties for all reasonable attorneys' fees and costs incurred in such proceeding, including without limitation all fees and costs incurred in bankruptcy proceedings, on appeal, and in post judgment collection. Costs under this section (whether pre- or post judgment) shall not be limited to statutory "taxable" costs but shall include all reasonably incurred costs. 9. Disclaimer of Tax Liability. No party has made any representations regarding the tax consequences of any of the transactions contemplated by this Agreement. Each party has had the opportunity to consult with his,her or its own tax advisors regarding the consequences of the transactions contemplated by this Agreement. Each party is responsible for all of his,her or its own tax liabilities in connection with this Agreement. 10. Independent Counsel. All parties hereby acknowledge that this Agreement is an important instrument with serious legal consequences, and respectively represent and warrant that they have carefully read, reviewed, understood and agreed to every provision of this Agreement and have had the opportunity to consult with legal counsel of their own choosing concerning this instrument, and have voluntarily, knowingly and without fraud, reservation, duress, undue influence, or legal or equitable defense, executed this Agreement and consider it to be fair and equitable. This Agreement shall not be construed against any party as the drafter hereof but shall be interpreted reasonably and fairly in accordance with its plain language. DATED: June .2026. GRANTOR: City of Arlingto By Its .rit GRANTEE: [insert name] By Its STATE OF WASHINGTON ) ss: COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that H I j S is the person who appeared before me, and said person acknowledged that he/she signed this instrument, and acknowledged under oath that he/she was authorized to sign the instrument as the tvP—+NL of the City of Arlington, and acknowledged it to be the free and volu tary act of such entity for the uses and purposes mentioned in this instrument. DATED: Junell 2026. lz� �N N ,/pt��4/ EX qh OAi� Pri e: o+:o�AA� �"M% N TTA PUBLIC i and for the State of 175214o z Washington. ��'�,,� �0. My commission expires: '///tt O 11W� 10. Independent Counsel. All parties hereby acknowledge that this Agreement is an important instrument with serious legal consequences, and respectively represent and warrant that they have carefully read, reviewed, understood and agreed to every provision of this Agreement and have had the opportunity to consult with legal counsel of their own choosing concerning this instrument, and have voluntarily, knowingly and without fraud, reservation, duress, undue influence, or legal or equitable defense, executed this Agreement and consider it to be fair and equitable. This Agreement shall not be construed against any party as the drafter hereof but shall be interpreted reasonably and fairly in accordance with its plain language. DATED: � ,2026. GRANTOR: City of Arlington By Its GRANTEE: [insert 12c1111e] AT By ' m Its STATE OF WASFUNGTON ) f�1Y7 ) ss: COUNTY OF� rA4 1SEl ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, and acknowledged under oath that he/she was authorized to sign the instrument as the of the City of Arlington, and acknowledged it to be the free and voluntary act of such entity for the uses and purposes mentioned in this instrument. DATED: June_,2026. Printed Name: NOTARY PUBLIC in and for the State of Washington. My commission expires: STATE OF WASHINGTON ) KI ri ) ss: COUNTY OF.. � ) I certify that I know or have satisfactory evidence that 4p'- �� i -t~ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, and acknowledged under oath that he/she was authorized to sign the instrument as the t::Sp, jNCaZ4 _of[insert name], and acknowledged it as the free and voluntary act of such entity for the uses and purposes mentioned in this instrument. A't' LPL DATED:-fie-,2026. SORIM LEE Notary Public Tinted Name: h ri'�,n State of Washington NOTARY PUBLIC in and for the State of Commission#21032248 My Comm. Expires Aug 7, 2029 Washington. My commission expires: th tal _Pt1 20 Z SE 114 OF THE SW 114, SECTION 11,TOWNSHIP 31 NORTH, RANGE_5 EAST,W.M. ARLINGTON,WASHINGTON ---_ __ j _ —_ N OJ 42'17'E 719.18' - 621.88' �� I � 1 '•-L TO BE - -- - - ------- - - - - - - --- _ _ RELINQUISHED - _ � / 12' ACCESS EASEMENT--J 1 I F 1 JO'INGRES.% EGRESS, ROAD 1-- 1 do UTILITIES EASEMENT 1 10' SIDE SEWER EASEMENT PER A.F.N. 8911200555 1 1 I PER A.F.N. 201803090558 30'SANITARY SEWER EASEMENT J PER A.F.N. 9110010458 —4"1 30'INGRESS, EGRESS; ROAD& U77U11ES I` �l EASEMENT OVER, ACROSS AND UNDER I PER A.F.N. 201405130529 --J I I O IF -1 1 BSP AFN 202107165005 ---�— TRACT 'B' rn a l y I TPN J1051100304000 o a I $ 1 140,025 SF (3.21 ACRES) _ _ L" D I I 1 S ^8, 0 I I I C J TO BE ;E v "' y RELINQUISHED o CQ C D I f I w !;I I I I I A I I I J P0 ---I !- 4 �1 I-- I I I 1 g �- I 1 F 7 TO BE J I S 1/2, SE 114 SEC71ON 11 I 1 I RELINQUISHEDI ! SUBJECT TO P.U.D. EASEMENT — I i--0 I I RECORDED UNDER A.F.N. 1157911. L TO BE 1 F i i j SHOW ON BLA A.F.N. 201402215006 - - RELINQUISHED f -4 41L S 0322'31'W J11.05' - -- _ \-TO BE 60 0 60 RELINQUISHED SCALE: 1" = 600 NORTH Sound Development SHEET DESCRIPTION SCALE: 1"=60' p WATERLINE RELINQUISHMENT DRAWN BY: M.STANDISH Group EASEMENT EXHIBIT JOB NUMBER: 24027 ENGINEERING,SURVEYING&LAND DATE: 06.10.2026 DEVELOPMENT SERVICES PROJECT DRAWING NAME P.O.Box 1705•1111 ClevelwW:::Avenue,Suite 202 HARMONY AT ARLINGTON 24027 h2o reliq.dwg Mount Vernon,INA 98273 FOR SHEET TeC360404-2010 Far360,404-2013 CITY OF ARLINGTON EXHIBIT A