Loading...
DNS -Existing Stormwater Easement10/4/22, 8:47 AM Landmark Web Official Records Search Ilflllllllll,iflllllllllllillllllllllllillfullllllf IIII1lIflllllstill 200201160241 6/2002 11:14 AM Snohomish 12 RECORDED County When recorded return to 0 RICHARD LLEWELYN JONES Attorney at Law 2122 - 112`h Ave, N E , Suite B200 Bellevue, WA 98004 ' 3 DOCUMENT TITLE REFERENCE NUMBERS OF DOCUMENTS ASSIGNED OR RELEASED GRANTOR GRANTEE LEGAL DESCRIPTION TAX PARCEL NO NO EXCISE TAX REQUIRE© JA N 16 2002 BOB iDANTINI, 5nohomisn uounq treasurer By BQB_DANTINI O p EASE (Storm Water) 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 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 1/12 10/4/22, 8:47 AM Landmark Web Official Records Search G SEMENT AGREEMENT THIS AGREEMENT is ent� into this /lday of January, 2002 by and between, LOPER FAMILY TRUST (hereinafter Ir") and FLUGSTAD LAND HOLDING COMPANY (hereinafter "Purchaser") 00 WIT ETH: WHEREAS, Seller is the fee owner of re erty, legally described as follows The North 100 feet of tracts 18, 19 and 20�}ock 1, Fruitland Acres to Lake Ballinger, Snohomish County, Washington, acc g to the plat thereof, recorded in Volume 10 of Plats, Page 47 Records of mesh County, Washington (hereinafter "Parcel A"), and WHEREAS, Purchaser has recently purchased from Selln 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, Purchaser is the fee owner of real property, adjacent to Parcel B, legally described as follows Lots A and B of the City of Edmonds Short Plat No S-23-88, recorded under Auditor's File No 8809210451, being a portion of Lots 2 through 4, 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, EASEMENT AGREEMENT - 1 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 2/12 10/4/22, 8:47 AM Landmark Web Official Records Search Washington (hereinafter "Parcel C"), 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 assure the continued orderly use of the subject commercial real properties, the parties desir t and accept appurtenant easements for storm water drainage on the terms and conditions set below, NOW, THEREFORE, in � oration of the mutual covenants and conditions contained herein and other good and valuable oration, the parties agree as follows nn 1 Purchaser hereby grantp,i _ Ver a non-exclusive easement for storm water drainage over and across Parcel B and Parcel C, foi b�nef t of Parcel A, Parcel B and Parcel C, described as follows P That portion of Tracts 2 and 3, Blo0 Fruitland Acres to Lake Ballinger, Snohomish County, Washington accords the Plat thereof, recorded in volume 10 of Plats, Page 47 Records of Snohomunty, Washington, described as follows Commencing at the Southeast corner of the Nort feet in width of said Tract 2, Thence South 00 '38'23" West along the East line of Tract 2, a distance of 99 77 feet to the Southeast corner thereof, Thence North 88°36'51" West along the South line of safract 2 and 3, a distance of 130 00 feet Thence North 00°38'23" East a distance of 10 00 feet, Thence South 88°36'51" East a distance of 115 00 feet, Thence North 00'38'23" East a distance of 74 77 feet, Thence North 43 ° 59' 14" West a distance of 21 35 feet, to the South line of the North 200 feet in width of said Tract 2, Thence South 88 °36'51" East along said South line, a distance of 30 feet, to the true point of beginning TOGETHER WITH that portion of the North 200 feet in width of Lot 2, 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 Northeast corner of said Lot 2, EASEMENT AGREEMENT - 2 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/12 10/4/22, 8:47 AM Landmark Web Official Records Search Thence North 88 °36'51" West along the North line thereof a distance of 30 00 feet to the true point of beginning, Thence South 00 ° 36'23" West parallel with and 30 feet distant from the East line of said Lot 2, a distance of 200 02 feet to the South line of the North 200 feet in width thereof, Thence South 88°36East along said South line, a distance of 14 23 feet, Thence North 43'5914,40West a distance of 6 03 feet, to the East line of the West 20 feet in width of said L Thence North 00 °36'23 t along said East line, a distance of 195 78 feet to the true point of beginning Said storm water drainage easement6'�aphically portrayed in the diagrams attached hereto as Exhibit 1, which is incorporated hereinVXis reference 2 In addition to the foregoi��ur haser hereby grants to Seller a non-exclusive easement for maintenance over and across Par for the benefit of Parcel A, Parcel B and Parcel C, described as follows O That portion of Tracts 2 and 3, Block 1CN, itland Acres to Lake Ballinger, Snohomish County, Washington according to Plat thereof, recorded in volume 10 of Plats, Page 47 Records of Snohomish (ty, Washington, described as follows Commencing at the Southeast corner of said Tract 2, 7 i*04rract Thence North 88°36'51" West along the South line of 2 and 3, a distance 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 easement is graphically portrayed to the diagrams 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 EASEMENT AGREEMENT - 3 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 4/12 10/4/22, 8:47 AM Landmark Web Official Records Search 4 The parties shall be jointly responsible for maintaining the easements granted herein in a reasonable condition for the benefit of both parties A Maintenance shall include, without limitation, repair work or improvements that are commercially reasonable B Prio�bntractmg for any maintenance to be performed on the subject easem the party proposing such maintenance shall give the other party written Such notice shall contain a description of the maintenance proposed, son for the proposed maintenance and the estimated cost of the propose enance C The party recei�hotice of proposed maintenance shall have ten (10) business days to ac��' reject the proposed maintenance If accepted, the costs for mamtenan�sh 11 be jointly borne (50150) by the parties If rejected, the party rece notice of proposed maintenance shall provide written reasons therefore arty receiving notice of proposed maintenance who fails to respond withi d ten day period of time shall be deemed to have approved the proposed tenance and shall be responsible for their respective proportional share same D If the parties cannot agree upon a tenance proposal, within thirty (30) days of the ten (10) day period provi Paragraph C, above, and a party reasonably believes that such mamteng s necessary to prevent damage and to protect the physical integrity of t�asements, 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 hens in the State of Washington (currently RCW 60 04, et seq ) F All notices required hereunder shall be deemed given if in writing and 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 EASEMENT AGREEMENT - 4 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 5/12 10/4/22, 8:47 AM Landmark Web Official Records Search may change their mailing address by written notice to the other party to this Agreement 5 The waiver of a party of a breach of any provision of this Agreement by the other party shall not operate as a waiver of any subsequent breach by that party No waiver shall be valid unless reduced to writing by�party against whom enforcement of the waiver is sought 6 Seller agrees to ase, indemnify, defend and save harmless the Purchaser from and against any and all liability, damage, expense, actions and claims, including costs and reasonable attorney's fees mcurr e Purchaser in defense thereof asserted or arising directly or indirectly on account of or out o omissions of the Seller and the Seller's servants, agents, employees and contractors in the exer the rights granted herein, PROVIDED that this section does not purport to indemnify such P der against liability for damages arising out of bodily injury to persons or damage to property �eby or resulting from the gross negligence of the Purchaser, its agents or employees ' 7 This Agreement shall be Jurisdiction and venue for any such action vested in the Snohomish County Superior enforce any term or condition herein, the recover their costs and reasonable attorney laws of the State of Washington any term or condition herein shall be nt a suit or proceeding is initiated to any such action shall be entitled to 8 This Agreement contains the entire agree rri etween the parties hereto Agreement may be modified only upon the written consent a roval of the parties hereto DATED this / - day of 2002 Land Holding Company Loper Family Trust This By/ By CL�w,L cz,rTia�e.�. �n uA L� Paul s a , Managing Partner Anna Loper Sunset ldina 7117 - 176" Southwest 23607 Hwy 99 Edmonds, WA 98026 EASEMENT AGREEMENT - 5 200201160241 Edmonds, WA 98026 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 6/12 10/4/22, 8:47 AM Landmark Web Official Records Search STATE OF WASHINGTON ) ) ss COUNTY OF On this day personal a eared before me Anna Loper, to me known to be the individual or individuals described in and w ,eared the within and foregoing instrument as duly authorized Trustee for the Loper Family Trust, and owledged that she signed the same as her free and voluntary act and deed, for the uses and purposes the► Nmentioned Given under my hand and of �l this Alr�day of January, 2002 ENOTARYPUBLIC LES RY P in and for the State of Washington, SHINGTON Residing atN9 2P0Ip5S My commission p 0 STATE OF WASHINGTON ) ss COUNTY OF ) On this day personally appeared before me Paul Flugsta me known to be the individual or individuals described inand who executed the within and foregoing seed ent as Managing General Partner for the Flugstad Land Holding Company, and acknowledged that he sighesame as his free and voluntary act and deed, for the uses and purposes therein mentioned Given under my hand and official seal this �day of January, 2002 A Y"P—UB—n-and for the State of Washington, [A BOLES Residing NOTARY PUBLIC My commission expires OF WASHINGTON MISSION EXPIRES RItu'Pv 9, 2005 EASEMENT AGREEMENT - 6 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 7/12 10/4/22, 8:47 AM Landmark Web Official Records Search 200 20 1160241 EXHIBIT 1 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 8/12 10/4/22, 8:47 AM Landmark Web Official Records Search - \ STORM DRAINAGE EASEMENT 1 /4, SE 1 /4, SEC 31, T 27 N, R 4 E, W M /FCC' SCALE 1" = 40' DATE' 9/20/2001 18 f I I 19 I 770 93 a PROPOSED I i 30' WIDE INGESS IE -30 - ANO EGRESS EASEMENT I 21' 9' \ I i I I f ml I �I J I SOUTH LINE OF THE I I NORTH 200' OF LOT I I 2, 3 ek 4. BLOCK 1, � I FRUITLAND ACRES rn 20 I TO LAKE BALLINGER � I N OLOOK 1 �S TO j CR o0 FR�ITLANBALLINO�R I IoQe LAKE P 47 1 1a VOL R !-I------------ --- NO'38'23'•E 100 01' \� i i PROPOSED STORM 1q� DRAINAGE EASEMENT o o \I 2 q CP cc \ I i5' I� -PROPOSED 15• WIDE m L' U PLITY MAINTENANCE 2 1 EASEMENT a Ii 03 m \o i C I 15' N I N4359-14"W -21 35' 74 77' A�50 39.23'% 99 77 i PROPOSED SANITARY PROPOSED STORM SEWER EASEMENT JDRAIN EASEMENT 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 9/12 10/4/22, 8:47 AM Landmark Web Official Records Search - \ STORM DRAINAGE EASEMENT 1 /4, SE 1 /4, SEC 31, T 27 N, R 4 E, W M /FCC' SCALE 1" = 40' DATE' 9/20/2001 18 f I I 19 I 770 93 a PROPOSED I i 30' WIDE INGESS IE -30 - ANO EGRESS EASEMENT I 21' 9' \ I i I I f ml I �I J I SOUTH LINE OF THE I I NORTH 200' OF LOT I I 2, 3 ek 4. BLOCK 1, � I FRUITLAND ACRES rn 20 I TO LAKE BALLINGER � I N OLOOK 1 �S TO j CR o0 FR�ITLANBALLINO�R I IoQe LAKE P 47 1 1a VOL R !-I------------ --- NO'38'23'•E 100 01' \� i i PROPOSED STORM 1q� DRAINAGE EASEMENT o o \I 2 q CP cc \ I i5' I� -PROPOSED 15• WIDE m L' U PLITY MAINTENANCE 2 1 EASEMENT a Ii 03 m \o i C I 15' N I N4359-14"W -21 35' 74 77' A�50 39.23'% 99 77 i PROPOSED SANITARY PROPOSED STORM SEWER EASEMENT JDRAIN EASEMENT 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 10/12 10/4/22, 8:47 AM Landmark Web Official Records Search EXHIBIT 2 240201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 11/12 10/4/22, 8:47 AM Landmark Web Official Records Search UTILITY MAINTENANCE EASEMENT NW 1/4, SE 1/4, SEC 31, T 27 N , R 4 E , W M SCALE 140' DATE 9/20/2001 ----- 18 I I , I I 19 i I �, "0 0 m PROPOSED 1 { 30' WIDE INGESS --—jE-30' AND EGRESS EASEMENT 21' 9' 1 ® { I I I I Ol I SOUTH LINE OF THE I I NORTH 200' OF LOTS C I 1 2, 3 k 4. BLOCK 1, W I FRUITLAND ACRES 20 TO LAKE BALLINGER N r pj 3 pj �K 1 DLO ACRES TO FRUITLAN )ALINGER C I LAKE j0 p 47 VOL NO'38'23"E 10001'._ — --- -- ---- ' r 10, PROPOSED SANITARY ico s SEWER do STORM rn 21 / T DRAIN EASEMENT � a o PROPOSED 15' WIDE 75' 2 UTILITY MAINTENANCE EASEMENT m PROPOSED STORM DRAIN EASEMENT PROPOSED SANITARY i SEWER EASEMENT — — — — - i -" —--------- i r SO38'23'W 99 77'i -- 200201160241 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 12/12