AccessAgreement.pdfWhen Recorded Return To:
Russel J. Hermes
HERMES LAW FIRM, PSC
1812 Hewitt Avenue, Suite 102
Everett, WA 98201
ACCESS AGREEMENT
Grantor: JAC CONSULTING, LLC,
A Washington Limited Liability Company
Grantees: BORIS BRAGIN and ELENA BRAGIN,
Husband and Wife
Legal Description: Parcel 1: Lot A of BLA No. BLA 150-92 Ree Under AFN
9208210046 And Amended Under AFN's 9209030553 and
9303190515, Records of Snohomish County, Washington.
Reference No's
of Documents
Released or
Assigned: N/A
EASEMENT AGREEMENT -1
Parcel 2:
Ptn. Lot A of BLA 150-92 Rec Under AFN 9208210046
And Amended Under AFN's 9209030553 and
9303190515, Records of Snohomish County, Washington.
Additional
Legals on:
Parcel 1:
Exhibit 1
Parcel 2:
Exhibit 2
Assessor's Tax
Parcel No's:
Parcel 1:
00463302000402
Parcel 2:
00463 302000400
Reference No's
of Documents
Released or
Assigned: N/A
EASEMENT AGREEMENT -1
RECITALS
1. Grantor is the legal owners of residential real property situated in Snohomish
County, Washington, hereinafter referred to as Parcel 1. Parcel 1 is legally described in attached
Exhibit 1, which is fully incorporated herein by this reference.
2. Grantees are the legal owner of residential real property situated in Snohomish
County, Washington, hereinafter referred to as Parcel 2. Parcel l is legally described in attached
Exhibit 2, which is fully incorporated herein by this reference.
3. Parcels 1 and 2 are adjacent properties, with Parcel 1 situated immediately West of
Parcel 2. Both parcels enjoy access from 240th St. SW, a public street in Edmonds, Washington.
However, through one or more title succession events, Parcel 2 apparently secured record legal title
to the property serving as access to both parcels. As a result, Parcel 2 does not have record legal
access froin 240th St. SW.
4. In lieu of engaging in litigation, the parties have agreed that Parcel 1 will grant a
nonexclusive easement in favor of Parcel 2 to reestablish record legal access in favor of Parcel 2.
NOW, THEREFORE, in consideration of mutual benefits, the receipt and legal
sufficiency of which are hereby acknowledged by all parties, the parties agree as follows:
1. Grant of Easement:
Access Easement: Grantor hereby grants to Grantees, for the benefit of Grantees and their
transferees, successors and assigns thereof, a nonexclusive easement to, upon and across that
portion of Parcel 1, for residential ingress, egress and utilities for the benefit of Parcel 2, which
following description is hereby identified as the Easement Area;
Easement Area: Commencing at the intersection of the NE Corner of Parcel 1 and
240" St. SW;
Thence South 244.50 Feet;
Thence West 20.00 Feet;
Thence North 244.50 Feet;
Thence East 20.00 Feet to the Point of Beginning.
The Easement Area is pictorially described in attached Exhibit 3, which is fully
incorporated herein by this reference.
2. Maintenance of Easement Area: The Easement Area shall at all times be kept in
reasonably good maintenance and repair. Parcels 1 and 2 shall equally bear all costs and expenses
arising out of the maintenance and repair of the Easement Area.
EASEMENT AGREEMENT -2
3. Alterations Affecting the Easement Area; Intensification: Nothing contained in this
instrument shall prohibit either Parcel from undertaking improvements, or taking any other action
for a lawful purpose, so long as any such action is consistent with the uses granted pursuant to this
instrument.
4. Compliance with Law: Each owner shall comply with all applicable laws, ordinances,
rules, regulations and requirements of governmental authorities having jurisdiction over the
Easement Areas and/or the use thereof by such owner or any Occupant or Invitee of such owner,
and shall comply with all public and private rules, codes, regulations, easements and restrictive
covenants affecting the Easement Areas.
5. Taxes: Parcel 2 shall bear all costs of any real estate taxes that are imposed upon Parcel 2
as a result of the benefits received by Parcel from the grant of the easement herein.
6. Easement to Run with the Land; Duration: Each and all of the covenants, conditions,
limitations, easements, rights and restrictions contained herein will run with and bind each Parcel,
shall be for the perpetual benefit of each of the Parcels, shall be binding upon each Owner of the
Parcels and the respective successors, assigns, transferees, heirs and personal representatives of
such Owners, and all benefits deriving therefrom shall inure to the benefit of and be enforceable by
the Owners of the Parcels benefitted hereby and the respective successors, assigns, transferees, heirs
and personal representatives of such Owners.
7. General Provisions:
(a) Any provisions of any of this Easement that may prove to be invalid, void or illegal, shall in no
way affect, impair or invalidate any other provisions hereof and such other provisions shall
remain in fall force and effect.
(b) This Easement shall be construed in accordance with and be governed under the laws of
the State of Washington.
(c) This Easement Agreement may be executed in any number of counterparts, each of which shall
be deemed an original, and which taken together shall constitute a fully executed original
agreement.
(d) If any action is instituted with respect to the subject matter of this Easement Agreement,
including Arbitration, the prevailing party in such action, whether by final judgment or out of court
settlement, shall be entitled to recover from the other party thereto actual attorneys fees,
litigation expenses and costs of such action.
(e) Failure by an Owner to enforce any covenant, condition, easement or restriction
contained herein or in any certain instance or on any particular occasion shall not be deemed to
be a waiver of such right on any such future breach of the same or any other covenant,
EASEMENT AGREEMENT -3
condition, easement or restriction.
(f) The provisions of this Easement Agreement shall be liberally construed to affect its purpose; the
section headings have been inserted for convenience only and shall not be considered or referred to
in resolving questions of interpretation or construction.
8. Dedications: The provisions of this Easement Agreement shall not be deemed to constitute
a dedication for public use nor create any rights in favor of the general public.
9. Amendments: This Easement Agreement shall not be modified in any respect whatsoever,
in whole or in part, except by further written instrument.
IN WITNESS WHEREOF, the parties have executed this Easement as of this
.2016.
GRANTOR:
JAC CONSULTING, LLC, A
Washington Liability Company
By:,
GRANTEES:
BORIS BRAGIN
Patrick Crosby,
Authorized Member ELENA BRAGIN
STATE OF WASHINGTON )
)ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that PATRICK CROSBY is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Authorized
Member of JAC CONSULTING, LLC to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated this
EASEMENT AGREEMENT -4
2016.
Printed Name:
NOTARY PUBLIC in and for the
State of Washington
Residing at:
Commission Expires:
STATE OF WASHINGTON )
)ss,
COUNTY OF SNOHONUSH )
On this day personally appeared before me BORIS BRAGIN and ELENA BRAGIN to me
known to be the individuals described in and who executed the within and foregoing instrument,
and acknowledged that they signed the same as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
Given under my hand and official seal this _, 2016.
Printed Name:
NOTARY PUBLIC in and for the
State of Washington
Residing at:
Commission Expires:
CL\Bragin106-20-16 Access Easement
EASEMENT AGREEMENT -5
EXHIBIT 1
Legal Description for Parcel 1
LOTS 4 AND 5, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON,
EXCEPT THE NORTH 166 50 FEET AS MEASURED ALONG THE EAST LINE OF THE WEST
190 92 FEET AS MEASURED ALONG THE NORTH LINE
TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY
OPERATION OF LAW,
ALSO KNOWN AS'LOT 'A' OF BOUNDARY LINE ADJUSTMENT NO BLAISO-92 RECORDED
UNDER AUDITOR'S FILE NUMBER 9208210046 AND AMENDED UNDER AUDITOR'S FILE
NUMBERS 9209030553 AND 9303190515, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON
EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND,
SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE NORTH 00615100" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF
85 50 FEET,
THENCE SOUTH 89945'00" WEST, A DISTANCE OF 20 00 FEET TO A POINT ON A
CURVE,
THENCE ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 89045'00"
WEST, A DISTANCE OF 20 00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00" AND
HAVING AN ARC LENGTH OF 31 42 FEET,
THENCE NORTH 00015'00" WEST, A DISTANCE OF 8 00 FEET TO A POINT 20 00 FEET
SOUTHERLY OF THE NORTHERLY LINE OF THE ABOVE DESCRIBED TRACT OF LAND,
THENCE SOUTH 89045'OO" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF
SS 54 FEET,
THENCE SOUTH 00015'00" EAST, A DISTANCE OF 113 50 FEET TO THE SOUTH LINE
OF THE ABOVE DESCRIBED TRACT OF LAND,
THENCE NORTH 89045'00" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98 54 FEET
TO THE TRUE POINT OF BEGINNING
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
EXHIBIT 2
Legal Description for Parcel 2
COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 20, HANBURYS SOUND
VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUM& 7 OF
PLATS, PAGE 20, RECORD OF SNOHOhM COUNTY, WAS.MGTON; SAID POINT
BEING THE TRUE POINT OF BEGINNING, THENCE NORTH WnS-00" WEST ALONG THE
EAST I.= THEREOF A DISTANCE OF 85.50 FEET, THENCE SOUTH 89°45 00" WEST, A
DISTANCE OF 20.00 FEET TO A POINT ON A CURVE, TH NCB ALONG A CURVE TO THE
LEFT THE CENTER OF WHICH BEARS SOUTH 8904500" WEST, A DISTANCE OF 20.00
PEET, THROUGH A CENTRAL ANGLE OF 90°00'00" AND HAVING AN ARC LENGTH OF
31A2 FEET, THENCB NORTH 00015'00" WEST, A DISTANCE OF 8.00 FEET, THENCE
SOUTH 89045'00" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF 58.54 FEET,
THENCE SOUTH 00015'00" EAST, A DISTANCE OF 11350 FEET TO THE SOUTH LINE OF
THE ABOVE DESCRIBED TRACT OF LAND, THENCE NORTH 89045'00" EAST ALONG
SAID SOUTH LINE A DISTANCE OF 98.54 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE COLWN OF SNOHOMISH, STATE OF WASHINGTON. ABB TED
LEGAL PTN LOT A, BLA 9208210046, BEING A PTN LOT 4, ELK 20, HANBURYS SOUND
VIEW TR, SNOHOMISH COUNTY, WA
EXHIBIT 3
Easement Area
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