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DNS -Existing Ingress Egress Easement1014/22, 8:58 AM Landmark Web Official Records Search NO EXCISE TAX REQUIRED JAN 16 2002 IIl�lllillll�Illl111l�illlll�Illlllllllllllull��IllByB DABOB�°DANtTINI� Treasurer llllllll1IE1II1 B 'J 200201160240 01/16/2002 11:14 AM Snohomish P.06RECORDED County r-4 Q When recorded return to 0 RICHARD LLEWELYN JONES Attorney at Law 0 2122 - 112"' Ave, N E , Suite B200 �� © Bellevue, WA 98004 , 0 O _ 0 DOCUMENT TITLErG�' C�j�'A EASE (Ingress and Egress) G+� REFERENCE NUMBERS OF DOCUMENTS I ASSIGNED OR RELEASED N/A GRANTOR LOPER FAMILY ST GRANTEE FLUGSTAD LAND HOLDING COMPANY LEGAL DESCRIPTION Portions of Lots 2 through 4, Block 1, Fruitland Acres to Lake Ballinger, Snohomish County, Washington TAX PARCEL NO 004519-001-002-02 The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 1 /10 10/4/22, 8:58 AM Landmark Web Official Records Search 6- 0 EA ENT AGREEMENT b * THIS AGREEMENT is entered 1 5��t� _�day of January, 2002 by and between, LOPER FAMILY TRUST (hereinafter "Selleraatjl FLUGSTAD LAND HOLDING COMPANY (hereinafter "Purchaser") 0 WITNES t-- WHEREAS, Seller is the fee owner of real prop legally described as follows The North 100 feet of tracts 18, 19 and 20, Blloo Fruitland Acres to Lake Ballinger, Snohomish County, Washington, accordm e plat thereof, recorded in Volume t0 of Plats, Page 47 Records of Snohor si County, Washington (hereinafter "Parcel A"), and WHEREAS, Purchaser has recently purchased from Seller an adjacent and adjoining parcel of real property, legally described as follows The South 100 feet of Tract 2 and 3, and that portion of the South 100 fee of Tract 4, lying east of State Highway #1, all in Block 1, Fruitland Acres to Lake Ballinger, Snohomish County, Washington according to the Plat thereof, recorded to volume 10 of plats, Page 47 Records of Snohomish County, Washington (hereinafter "Parcel B"), and WHEREAS, the parties represent that the interests created under this Agreement shall be paramount to any underlying Deeds of Trust, mortgages or liens, and WHEREAS, in order to assure the continued orderly use of the subject commercial real properties, the parties desire to grant and accept appurtenant easements for ingress and egress on the EASEMENT AGREEMENT - 200201160240 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 2/10 10/4/22, 8:58 AM Landmark Web Official Records Search terms and conditions set forth below NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the parties agree as follows 1 Seller hereby is to Purchaser a non-exclusive easement for ingress and egress over and across Parcel A, ded as follows The North 21 00 feet m h of the following described real property The North 100 feet of tract sd 20, Block 1, lying east of State Highway 41, all in Block 1, Fruitland Acres e Ballinger, Snohomish County, Washington, according to the plat thereof, r 'ed in Volume 10 of Plats, Page 47 Records of Snohomish County, Washington 0 00 Said easement is graphically portrayed in t V gram attached hereto as Exhibit 1, which is incorporated herein by this reference 90-exclusive 2 Purchaser hereby grants to Seller easement for ingress and egress over and across Parcel B, described as follows The South 9 feet in width of the following descn eal property The South 100 feet of Tract 3 and 4, lying east of Sta hway #1, all in Block 1, Fruitland Acres to Lake Ballinger, Snohomish County, ington according to the Plat thereof, recorded in volume 10 of plats, Page 47 Records of Snohomish County, Washington Said easement is graphically portrayed in the diagram attached hereto as Exhibit 2, which is incorporated herein by this reference 3 The provisions of this Agreement while in force and effect constitute a covenant running with the land described herein, and this Agreement shall be binding upon the parties' heirs, administrators, successors and assigns of each party hereto and this Agreement and the benefits hereof are not assignable for the benefit of any other property, either voluntarily or by operation of law 4 Initial development ofthe easement, including grading and paving the easements with asphalt, concrete or some other impervious surface, storm water drainage specifically related to the road surface, lighting and signage shall be equally borne by the parties hereto EASEMENT AGREEMENT - 2 20020116024U https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/10 10/4/22, 8:58 AM Landmark Web Official Records Search 5. The parties shall bejointly responsible for maintaining the easements granted herein ;n a reasonable condition for the benefit of both parties A Maintenance shall include, without limitation, repair work or improvements that are commercially reasonable, removal of ice, snow, papers debris and refuse ovision of adequate lighting and signage and storm water drainage B Prior t tracting for any maintenance to be performed on the subject easemen e party proposing such maintenance shall gave the other party written no uch notice shall contain a description of the maintenance proposed, tht for the proposed maintenance and the estimated cost of the proposednance C The party receivi t ce of proposed maintenance shall have ten (10) business days to ace or reject the proposed maintenance If accepted, the costs for maintenance s proportionally borne by the parties on the basis of each the parties' re ive dominant estate If rejected, the party receiving notice of prop maintenance shall provide written reasons therefore A party recetvin ce of proposed maintenance who fails to respond within said ten (10) time period shall be deemed to have approved the proposed mainte e and shall be responsible for their hl respective proportional share of t e D 1f the parties cannot agree upon a maance proposal, within thirty (30) days of the receipt of the ten (10) day no referred to above, Paragraph C, and a party reasonably believes that such maintenance is necessary to prevent damage and to protect the physical integrity of the easements, then that party may perform the proposed maintenance and bring legal action to determine whether the proposed maintenance was reasonable and necessary and whether the objecting owner must pay their proportional share of the costs thereof E Failure of a party to pay their proportional share of maintenance costs shall entitle the other owner paying the breaching party's share to file a lien on the property owned by the breaching party's property for the amount of the maintenance costs owing, plus statutory interests, collection costs and reasonable attorney's fees All such liens created hereby shall be foreclosed in the manner prescribed for mechanic's liens in the State of Washington (currently RCW 60 04, et seq ) F All notices required hereunder shall be deemed given if in writing and EASEMENT AGREEMENT - 3 200201160240 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 4/10 10/4/22, 8:58 AM Landmark Web Official Records Search delivered to the party on the third (3') day following mailing, if sent by certified mail/return receipt requested to the addresses noted below A party may change their mailing address by written notice to the other party to this Agreement 6 The waiver 440aarty of a breach of any provision of this Agreement by the other party shall not operate as a of any subsequent breach by that party No waiver shall be valid unless reduced to writing by t)trty against whom enforcement of the waiver is sought 7 Each party agrees se, indemnify, defend and save harmless the other from and against any and all liability, loss, ge, expense, actions and claims, including costs and reasonable attorney's fees incurred btio%li. defending party in defense thereof asserted or arising directly or indirectly on account of or �f acts or omissions of the breaching party(s) and the breaching party(s) servants, agents, emplo�s nd contractors in the exercise of the rights granted herein, PROVIDED that this section does ref pu ort to indemnify such defending party against liability for damages arising out of bodily in persons or damage to property caused by or resulting from the gross negligence of such de g party(s), their agents or employees 8 This Agreement shall be governexk the laws of the State of Washington Jurisdiction and venue for any such action brought to %paany ny term or condition herein shall be vested in the Snohomish County Superior Court In a suit or proceeding is initiated to enforce any term or condition herein, the prevailing such action shall be entitled to recover their costs and reasonable attorney's fees 9 This Agreement contains the entire agreement�een the parties hereto This Agreement may be modified only upon the written consent and approval of the parties hereto F M. DATED thisy�rIay of U,g,<%Z , 2002 Land Holding Company Partner Sunset'Bu ding 23607 H 99 Edmonds, WA 98026 EASEMENT AGREEMENT - 4 200201160240 Loper Family Trust By L Anna Loper 7117 - 176`h Southwest Edmonds, WA 98026 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 5/10 1014/22, 8:58 AM Landmark Web Official Records Search STATE OF WASHINGTON ) ) ss COUNTY OF On this day personal eared before me Anna Loper, to me known to be the individual or individuals described in and wh a uted the within and foregoing instrument as duly authorized Trustee for the Loper Family Trust, and aciftledged that she signed the same as her free and voluntary act and deed, for the uses and purposes there boned Given under my hand and off. l this I V7" ay of January, 2002 A BOLES NOTARY PUBLIC STATE OF WASHINGTON TARY PUBL.I and for the State of Washington, COMMISSION EXPIRES Residing at FE13RUARY 9, 2005 My commission explei 4% STATE OF WASHINGTON ) ss COUNTY OF ) On this day personally appeared before me Paul Flugstad, e known to be the individual or individuals described in and who executed the within and foregoing ins rument as Managing General Partner for the Flugstad Land Holding Company, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned Given under my hand and official seal this42-�day of January, 2002 EBOLEY PUBLICWASHINGTONNOTARY PU LIC n and for the State of Washington, ION EXPIRES Residing atARY 9, 2005 My commission expires EASEMENT AGREEMENT - 5 200 20 1160240 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 6/10 10/4/22, 8:58 AM Landmark Web Official Records Search 200201160240 EXHIBIT 1 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 7/10 1014/22, 8:58 AM A Landmark Web Official Records Search INGRESS AND EGRESS EASEMENT N W 1 /4, SE 1 /4, SEC 31, T 27 N, R 4 E, W M N _ DATE SCALE 9/20/2001 18 � 99 19 m 5 O m wVGE I30' AN AND EGRESS EASEMENT /21 9' 110 -- �/ I Cli In C co 2p3T& 4O BLOCKOIEs 20 sLOCK ES TO f FROlTLA TALC NGER LAKE P ,47 VOL 10, NO'38'23"E 10001 PROPOSED SANITARY SEWER & STORM DRAIN EASEMENT o a 21 z on m cn f ERUITLAND ACRES TO LAKE BAs LINGER f 2 f 3 m m w m II 10'— — I I I 15 PROPOSED 15' WIDE UTILITY MAINTENANCE i EASEMENT m PROPOSED STORM ^� V I i DRAIN EASEMENT I I/i I I rf PROPOSED SANITARY SEWER EASEMENT i --- ---- 5038'23"W 99 77'--, 200241160240 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 8/10 10/4/22, 8:58 AM Landmark Web Official Records Search EXHIBIT 2 200 20 1160240 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 9/10 1014/22, 8:58 AM Landmark Web Official Records Search INGRESS AND EGRESS EASEMENT NW1/4,SE1/4,SEC 31,T 27N,R 4E,WM \ N SCALDATE- 9/20/2001 r9 qrJ 18 �\ ------- ----- ,, Off` \ 19 `yam 7/o O93 + m � � rn 30' WIDE INGESS 30' AND EGRESS I i EASEMENT 21' 9' Q \� r C SOUTH LINE OF THE NORTH 200' OF LOTS 2, 3 & 4, BLOCK 1, r""RUITLAND ACRES 20 TO LAKE 9ALLINGER z DD ca CA aLOCK cRES To I W 3 E�UITLANO ALINGE� r~AKE a10, IF 47 VOL - — / I----- — --- --- NO 38'23"E 10001, I + II iPROPOSED SANITARY 10' SEWER & STORM I i+ DRAIN EASEMENT o 2 15— PROPOSED 15' WIDE 21 I EASEMENT LITY coMAINTENANCE z m i I PROPOSED STORM a I + DRAIN EASEMENT i �f PROPOSED SANITARY SEWER EASEMENT — — — — - I LT _ r ----------_-__-__ I N q SC38'23"W 200 20 1160240 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 10/10