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200201160242
01/16/2002 11:14 AM Snohomish
P6-11 RECORDED County
When recorded return to 0
RICHARD LLEWELYN JONES
Attorney at Law ���
2122 - 11211 Ave, N E , Suite B200
Bellevue, WA 98004 '
DOCUMENT TITLE
C�rrfC.
REFERENCE NUMBERS OF DOCUMENTS
ASSIGNED OR RELEASED
GRANTOR
GRANTEE
LEGAL DESCRIPTION
TAX PARCEL NO
No EXCISE TAX
REQUIRED
JAN 1 6 2092
008 DANTINI, Snohalsn Couriq Ireasurer
By —BOB -DANTINI
O
O
EASE (Sanitary Sewer)
N/A
LOPER FAMILY T
FLUGSTAD LAND HOLDING COMPANY
Portions of Lots 2 through 4, Block 1, Fruitland
Acres to Lake Ballinger, Snohomish County,
Washington
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
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G
o�
EENT AGREEMENT
1 ff
THIS AGREEMENT is entered is day of January, 2002 by and between,
LOPER FAMILY TRUST (hereinafter "Se11I1a d FLUGSTAD LAND HOLDING COMPANY
(hereinafter "Purchaser")
0
WITNESS'
WHEREAS, Seller is the fee owner of real pro legally described as follows
The North 100 feet of tracts 18, 19 and 20, Bloo, Fruitland Acres to Lake
Ballinger, Snohomish County, Washington, accordtnthe plat thereof, recorded
in Volume 10 of Plats, Page 47 Records of Snohon� 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 in 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
EASEMENT AGREEMENT - 1
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properties, the parties desire to grant and accept appurtenant easements for sanitary sewer on the
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 Purchaser hc6l rants to Seller a non-exclusive easement for sanitary sewer over
and across Parcel B for the b of Parcel A and Parcel B, described as follows
That portion of Tracts 3, Block 1, Fruitland Acres to Lake Ballinger,
Snohomish County, Washm *ccording to the Plat thereof, recorded in volume
10 of Plats, Page 47 Recor Snohomish County, Washington, described as
follows
Commencing at the Southeast come tk North 200 feet in width of said Tract 2,
Thence South 00°38'23" West along Vt line of said Tract 2, a distance of 99 77
feet to the Southeast corner thereof,
�VVV/
Thence North 88°36'51" West along the line of said Tract 2 and 3, a distance
of 130 00 feet
Thence North 00°38'23" East a distance of 10�►feet,
Thence South 88°36'51" East a distance of 120et,
Thence North 00 °38'23" East a distance of 89 77 , to the South line of the North
200 feet in width of said Tract 2, 0
Thence South 88°36'51" East along said South line, a>ce of 10 feet, to the true
point of beginning illlw
Said sanitary sewer easement is graphically portrayed in the diagrams attached hereto as Exhibit 1,
which is incorporated herein by this reference
2 In addition to the foregoing, Purchaser hereby grants to Seller a non-exclusive
easement for utility maintenance over and across Parcel B, for the benefit of Parcel A and Parcel B,
described as follows
That portion of Tracts 2 and 3, Block 1, Fruitland Acres to Lake Ballinger,
Snohomish County, Washington according to the Plat thereof, recorded in volume
10 of Plats, Page 47 Records of Snohomish County, Washington, described as
follows
Commencing at the Southeast corner of said Tract 2,
Thence North 88°36'51" West along the South line of said Tract 2 and 3, a distance
EASEMENT AGREEMENT - 2
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of 135 00 feet,
Thence North 00°38'23" East a distance of 15 00 feet;
Thence South 88 ' 36'51" East a distance of 135 00 feet, to the East line of said Tract
2,
Thence South 00°38'23" West a distance of 15 feet, to the true point of beginning
Said maintenance easemen4aphically portrayed in the diagrams attached hereto as Exhibit 2
which is incorporated herein bis reference
3 The provisions o reement while in force and effect constitute a covenant
running with the land described her this Agreement shall be binding upon the parties' heirs,
administrators, successors and ass each party hereto and this Agreement and the benefits
hereof are not assignable for the beneft �y other property, either voluntarily or by operation of
law *
4 The parties shall be jointly resp
e for maintaining the easements granted herein
in a reasonable condition for the benefit of boll*ies
A Maintenance shall include, � t limitation, repair work or improvements
that are commercially reasonall#
B Prior to contracting for any main ce to be performed on the subject
easements, the party proposing suchI'm
enance shall give the other party
written notice Such notice shall condescription of the maintenance
proposed, the reason for the proposed ance and the estimated cost of
the proposed maintenance
C The party receiving notice of proposed maintenance shall have ten (10)
business days to acceptor reject the proposed maintenance If accepted, the
costs for maintenance shall be jointly borne (50/50) by the parties If
rejected, the party receiving notice of proposed maintenance shall provide
written reasons therefore A party receiving notice of proposed maintenance
who fails to respond within said ten (10) day period of time shall be deemed
to have approved the proposed maintenance and shall be responsible for their
respective proportional share of the same
D If the parties cannot agree upon a maintenance proposal, within thirty (30)
days of receipt of the ten (10) day notice period provided hereinabove,
Paragrpah C, and a party reasonably believes that such maintenance is
necessary to prevent damage and to protect the physical integrity of the
EASEMENT AGREEMENT - 3
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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 Failur otf a party to pay their proportional share of maintenance costs shall
entitl other owner paying the breaching party's share to file a lien on the
propert ned by the breaching party's property for the amount of the
maintena costs owing, plus statutory interests, collection costs and
reasonable y's fees All such hens created hereby shall be foreclosed
in the manne�ribed for mechanic's liens in the State of Washington
(currently RC 4, et seq )
F All notices requir! maunder shall be deemed given if in writing and
delivered to the parlj'6n e third (3`d) day following mailing, if sent by
certified mail/return re t quested to the addresses noted below A party
may change their mailin ess by written notice to the other party to this
Agreement 0
5 The waiver of a party of a breach of 4tr, ovision of this Agreement by the other
party shall not operate as a waiver of any subsequent br by that party No waiver shall be valid
unless reduced to writing by the party against whom enf, ent of the waiver is sought
6 Seller agrees to release, indemnify, defend and 0, harmless the Purchaser from and
against any and all liability, loss, damage, expense, actions;A claims, including costs and
reasonable attorney's fees incurred by the Purchaser in defense thereof asserted or arising directly
or indirectly on account of or out of acts or omissions of the Seller and the Seller's servants, agents,
employees and contractors in the exercise of the rights granted herein, PROVIDED that this section
does not purport to indemnify such Purchaser against liability for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the gross negligence of the
Purchaser, its agents or employees
7 This Agreement shall be governed by the laws of the State of Washington
Jurisdiction and venue for any such action brought to enforce any term or condition herein shall be
vested in the Snohomish County Superior Court In the event a suit or proceeding is initiated to
enforce any term or condition herein, the prevailing party to any such action shall be entitled to
recover their costs and reasonable attorney's fees
This Agreement contains the entire agreement between the parties hereto This
EASEMENT AGREEMENT - 4
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Agreement may he modified only upon the written consent and approval of the parties hereto
DATED this 7 day 2002
Flag d Land Holding Company
G
By
Pauf-eiLish d, anagmg Partner
Sunset Bui ding
23607 Hwy 99
Edmonds, WA 98026
EASEMENT AGREEMENT - 5
20 020 1160242
Loper Family Trust
By l CJ�itn�v fcto , , o
Anna Loper
7117 - 176" Southwest
Edmonds, WA 98026
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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 ac o ledged that she signed the same as her free and voluntary act and
deed, for the uses and purposes therleDftioned
Given under my hand and offic I this / 7 day of January, 2002
ENOTARY
BOLES
PUBLIC Y PU LI and for the State of Washington,
F WASHINGTON esidmg atSSION EXPIRES y commission exp/�EJARY 9, 2005 expo-
9
STATE OF WASHINGTON )
ss
COUNTY OF )
On this day personally appeared before me Paul Flugstad se-c known to be the individual or
individuals described in and who executed the within and foregoing inshument 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 this 6;?-�")"'da y of January, 2002
A, BOLES NOTARY PUB IC in and for the State of Washington,
NOTARY PUBLIC Residing at
STATE OF WASHINGTON My commission expires
COMMISSION EXPIRES
FA�v a 2005
EASEMENT AGREEMENT - 6
200 20 1160242
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EXHIBIT 1
200 20 1160242
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SANITARY SEWER EASEMENT
N W 1 /4, SE 1 /4, SEC 31, T 27 N, R 4 E, W M
r'A SCALE 1 " = 40'
DATE 9/20/2001
o ti
19
I �
I i
I
I O
m PROPOSED I
30' WIDE kNGESS ---- 4(— 30' -
AND EGRESS I
EASEMENT 219'
4,0
I i
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I I SOUTH LINE OF THE
I I NORTH 200' OF LOTS
CA I I 2, 3 & 4, BLOCK 1,
FRUITLAND ACRES
rn20 TO LAKE BALLINGER N
I m
on
I I 3
pCK 1 TOLACRES II 0
ER�EBm f 10
G�gKD4fRI voaa
13 E n
VOL 1 C' I t N
NO'38'23"E 100 01' I T
PROPOSED SANITARY 10'
SEWER EASEMENT w
o 2
� � I
15�IE— PROPOSED 15' WIDE
I UTILITY MAINTENANCE
21
I EASEMENT
co of I PROPOSED SANITARY
co
a N SEWER EASEMENT
ai 1 - n
PROPOSED STORM d
a
DRAIN EASEMENT
/-
�I i
r
200201160242
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200201160242 EXHIBIT 2
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UTILITY MAINTENANCE EASEMENT
NW 1/4, SE 1/4, SEC 31, T 27 N , R 4 E , W M
\ rAgc
SCALE 1" = 40'
DATE 9/20/2001
'1/ } 91918
J
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I �
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19 I
� f i Q93,
PROPOSED I O
30' WIDE INGESS 30
AND EGRESS -
EASEMENT
I
ca
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ml
SOUTH LINE OF THE
I NORTH 200' OF LOTS
y j 2, 3 k 4 BLOCK 1,
co 0.
FRUITLAND ACRES
20 i TO LAKE BALLINGER
K3
r I I 3
E3LOCK 1 ES TO I I 23"E
EROITLAN DALL NGER 1 Nos o0
LAKE 30, p 47 I I�
COL
I
NO'38'23"E 10001' I --------- --
1
I
10' z
PROPOSED SANITARY Cu
Cu
I �� a SEWER k STORM rn
21 / DRAEN EASEMENT
q
PROPOSED 15' WIDE
UTILITY MAINTENANCE
EASEMENT z ,
w + PROPOSED STORM
DRAIN EASEMENT
�A PROPOSED SANITARY
SEWER EASEMENT
SO'38'23"W 997T-�.i
200201160242
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