EASEMENT AMENDED-FOR REFERENCE ONLYRETURN NAME & ADDRESS
Steven Morris
8041 184th Street SW
Edmonds, WA 98026
Document Title(s)
AMENDMENT OF DECLARATION OF EASEMENT
Grantor(s)
MORRIS, STEVEN & MORRIS, SHELLI
Grantee(s)
HOY, GREGORY & OKA, MIDORI
Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter)
LOTS 1 & 2 R.C.W. BOUNDARY LINE AGREEMENT AS PER AFN 201911065002
Complete legal on page 2
Assessor's Property Tax Parcel/Account Number(s)
27041800104000 & 27041800106700 & 27041800103800
Reference Number(s) of related documents
Auditor File No 2357898 and re -recorded under 201903220377
The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the
indexing information is that of the document preparer.
Page 1 of 5
THIS AMENDMENT OF DECLARATION OF EASEMENT is made by and between Steven
and Shelli Morris, husband and wife, hereinafter referred to as "Grantor"; and Gregory Hoy and
Midori Oka, husband and wife, hereinafter referred to as "Grantee".
In consideration of the mutual promises herein contained, the parties agree as follows
RECITALS
A. Grantor is the title owner of the certain real property situate in Snohomish County,
Washington, known as (TPNs. 27041800104000 & 27041800106700), 8041 184th Street
SW, Edmonds, WA 98026, and is legally described as:
LOTS 1 & 2 OF R.C.W. BOUNDARY LINE AGREEMENT AS PER THE SURVEY
RECORDED UNDER AUDITOR'S FILE NO. 201911065002, RECORDS OF SNOHOMISH
COUNTY WASHINGTON, IN THE NW QUARTER OF THE NE QUARTER OF SECTION
18, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
And said property is burdened by the Access Easement recorded under Snohomish
County Auditor File Number 2357898 and re -recorded under 201903220377.
B. Grantee is the title owner of certain adjoining real property situate in Snohomish County,
Washington, known as (TPN. 27041800103800), a vacant parcel with a future address of
80xx 184th Street SW, Edmonds, WA 98026, and is legally described as:
LOT 2, CITY OF EDMONDS SHORT PLAT NO S-25-74, RECORDED UNDER
RECORDING NO. 201903220376, WHICH IS AMENDMENT OF RECORDING NO'S
2357897 AND 2357898.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
And said property is benefitted by the Access Easement recorded under Snohomish
County Auditor File Number 2357898 and re -recorded under 201903220377. And
whereas, the parties wish to amend the terms of said Declaration of Easement.
Page 2 of 5
AGREEMENT
1. Definitions. In addition to the definitions provided in the Recitals above, the following
definitions shall apply to this Agreement.
1.1 Occupant. The term "Occupant" shall mean and include any of the Owners and any
Person who shall be, from time to time, entitled to the use and occupancy of Owner parcels
described above including any lease, sublease or other instrument or arrangement under
which such rights are acquired.
1.2 Owner. The term "Owner" shall refer to a person in title ownership of a parcel(s)
described above. The term "Owners" shall refer collectively to those in title ownership of the
parcels described above.
1.3 Permittees. The term "Permittees" shall mean and refer to all Occupants and all
guests, employees, agents, contractors, vendors and other invitees of Occupants.
1.4 Person. The term "Person" shall refer to any individual, partnership, joint venture,
corporation, limited liability company, trust, unincorporated association, governmental agency
or other business entity.
2. Grant of Easement. The Grantor does hereby grant and quitclaim to the Grantee a
non-exclusive easement over the Grantor's land as described in Exhibits A & B, and shall be
effective upon recording.
3. Extinguishment. The described easement in Exhibits A & B shall replace and supersede the
easement recorded under Auditor File No 2357898 and re -recorded under 201903220377.
The easement recorded under Auditor File No 2357898 and re -recorded under 201903220377
shall be extinguished upon recording.
4. Limitation of Described Purpose. The easement granted and conveyed hereby shall be
used solely for ingress, egress and utilities to benefit both Grantee and Grantor.
5. Easement Shall Not Terminate upon Sale or Transfer of Grantee's or Grantor's Property.
This easement shall be perpetual and shall not terminate upon the sale or transfer of either the
Grantor or Grantee's property.
6. Easement Appurtenant. This easement shall run with the land, and shall be binding upon
and inure to the benefit of both Grantee and Grantor, their heirs, executors, administrators,
successors, and or assigns.
7. Maintenance and Repairs. The Owners agree to share reasonable expenses for
maintenance of the access Easement Area on a 50/50 basis; that is each Owner shall be
responsible for fifty percent (50%) of such maintenance expenses. Each Owner shall refrain
from causing any damage to the access Easement Area described herein and shall
immediately repair any such damage caused by Occupants or Permittees associated with the
Owner, at such Owner's sole cost and expense.
Page 3 of 5
8. Noninterference. No Owner shall permit, operate or install any parked vehicle, other object,
or any improvements on access Easement Area which in any way unreasonably restricts or
interferes with the access Easement Area granted herein.
9. Entire Agreement. This agreement embodies the entire understanding of the parties, and
there are no further or other agreements or understanding, written or oral, in effect between
the parties, relating to the subject matter hereof. This instrument may be amended or modified
only by an instrument in equal formality.
10. Attorney Fees. In the event legal action is instituted to enforce the terms of this agreement,
or any part hereof, the prevailing party shall be entitled to recover its reasonable attorney fees
and court cost from the other.
�()
Steven Morris (Yvvv"�1 Ll i d_0 , , ��� Date
Shelli Morris YY'\ ,'� CS1���=>> Date '3 1 HI -.C?-C"
Gregory Hoy Date _ 3_ 2)
...,�-""-�- ,1 a � �✓
Midori Oka Date
Page 4 of 5
STATE OF WASHINGTON )
)ss
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that Steven and Shelli Morris, husband and
wife are the persons who appeared before me, and said persons acknowledged that they
signed this instrument and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in this instrument.
Given under my hand and official seal this day of C 2020.
G
wOn
Fpb' ??
° N01ARY =
C Us
9T�.�'Numbe
STATE OF WASHINGTON )
)ss
COUNTY OF SNOHOMISH )
Print Name Ol Ce c-I > ��
NOTARY PUBLIC Stae of Washin ton,
Residing at '\'OV --.
My appointment expires t -2 :L
I certify that I know or have satisfactory evidence that Gregory Hoy and Midori Oka, husband
and wife are the persons who appeared before me, and said persons acknowledged that they
signed this instrument and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in this instrument.
Given under my hand and official seal this
\4p7ARy
� q
day of n'�C� (�1�� 2020.
Print Name
NOTARY PUBLIC State of Washington,
Residing at V\-"t e
My appointment expires z2 L.
Page 5of5
FXHIRIT "A"
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS LOTS 1 & 2 OF
BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR FILE NUMBER 2019 1106 5002
RECORDS OF SNOHOMISH COUNTY WASHINGTON. DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT 2;
THENCE NORTH 88°36'11" EAST, A DISTANCE OF, 20.00 FEET;
THENCE NORTH 01°36'12" WEST, A DISTANCE OF, 110.75 FEET;
THENCE NORTH 43*02'59" EAST, A DISTANCE OF, 13.90 FEET;
THENCE NORTH 04°30'54" EAST, A DISTANCE OF, 28.15 FEET TO THE NORTH LINE OF SAID LOT 1;
THENCE SOUTH 88°39'16" WEST, A DISTANCE OF, 20.00 FEET;
THENCE SOUTH 06055-38" WEST, A DISTANCE OF, 20.22 FEET;
THENCE SOUTH 43°02'59" WEST, A DISTANCE OF, 13.66 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE SOUTH ALONG THE WEST LINE OF SAID LOTS 1 & 2 TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
i
N88'39' 16 "E
1.1 'N.
-720.00' O o
-
' - -
_ -
` 0.4N. 131.50'
N_ -
I
---------N88'39'16"E 144.27----------------0.9'E.
N04'3054 E
T
28.15' LOT 1
-, N43'02'59"E MORWS (AFTER)2.'59_E
/ 13.90's6'::
LOTS 6-8 T.G.W. VACATED
135' SABIN ST. R.O.W. & T.G.W. 0.8E.
N01'03'04"W,-
` SFR�f VACATED ALLEY & T.G.W. THAT
15.66' `
8041 PORTION OF LOTS 15-17
'X')
LYING EAST OF LINE
NO3'27'16"W
18.04' : I
0.0'
N88'37'43 "E
03'27' 16 "W - - _
143.54' - - -
6.30'
'-6,1'S. CARPORT ROOFLINE
N01'20'40"W '
29.321-.
o
LOT 2
Z o w
MORWS (AFTER)
-20' f �
(LOTS 9-11 T.G.W. VACATED
X
SABIN ST R.O.W. & T.G.W.
I
VACATED ALLEY & T.G.W. THAT
NOO' 17'55 "E
PORTION OF LOTS 12-14
23.60'-:� ;
LYING EAST OF LINE 'X')
0.2'E.
N01 '46'44 "W
e _ :;
.- •.�
144.15' N88'36' 11 ' E
ern;
o
o
C. ' 20e.00'
o
'
'
WESTERN 9740 EVERGREEN WAY
ENGINEERS & EVERETT, WA 98204
SURVEYORS 425-356-2700
EXHIBIT B:
STEVEN & SHELLI MORRIS
16916
�o
r S T ST- �o
AND GREGORY HOY & MIDORI OKA
I
LAB
IN THE NW 1 4 NE 1 4 SEC. 18 TWP.27N., RGE.04E. W.M.
DRAWN BY DATE
IREV. BY DATE
PROJECT MANAGER
SCALE
NA 0212020
04 NAT 0212020
M. LONG
1 "=30'
C7 2 /a/ /o�ozo
DRAWING FILE NAME
191814A RCW BLA.DW
XXX 655
19-1814—A
1. o. 1