REFERENCE Access Easement - SnoCo Recording No. 202001090595NO EXCISE TAX
REQUIRED
JAN 0 9 2020
BRIAN SULLIVAN, Snohomish County Treasu
By BRIAN IAIAN
When Recorded Return to:
Vicki Jo I IIIIII IIIII I�III �I�II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII I II
Law Firm
ofm of Johns Monroe Mitsunaga Kolouskova, PLLC
Bellefield Office Park 202 001090595 12 PGS
11201 SE 81h Street, Suite 120 01/09/2020 3:16 m �114,50
Bellevue, WA 98004 SNOHOMISH COUNT; RSHINGTON
ACCESS EASEMENT
Grantor: The Sterling Family Revocable Trust, by and through Jeffrey Gaylord Sterling and Lisa Wilkerson
Sterling, Trustees
Grantee: Kisan Enterprise, LLC, a Washington limited liability company
Servient Estate Legal Description: Pin Sec 36 Twp 27N Rge 3E, NE Qtr NE Qtr
Dominant Estate Legal Description: Pin NE %4 NE'/< 36-27-3, Snohomish County, WA
Servient Estate Tax Parcel No..: Pin, 27033600100300
Dominant Estate Tax Parcel No..: 27033600102300
THIS DECLARATION OF INGRESS AND EGRESS/ACCESS EASEMENT (this
"Easement") is made and entered into this I2-4:h- day of toter -bw , 2019, by and
between the Grantor, THE STERLING FAMILY REVOCABLE TRUST, acting by and through
Jeffrey Gaylord Sterling and Lisa Wilkerson Sterling, its Trustees, and Grantee, K1SAN
ENTERPRISE, LLC, a Washington limited liability company.
RECITALS
A. Grantor owns certain real property located in Snohomish County, Washington,
legally described on Exhibit A, which is attached hereto and incorporated herein by this reference
(the "Cascadian Property").
B. Grantee owns certain real property located in Snohomish County, Washington,
lying in the proximity of the Cascadian Property, which is legally described on Exhibit B attached
hereto and incorporated herein by this reference (the "Kisan Property").
C. Grantor is willing to create an easement for the benefit of the Kisan Property, for
access purposes, over and across that real property described on Exhibit C and depicted on Exhibit
C=1 attached hereto and incorporated herein by this reference (the "Easement Area').
BNC119079\0003'01038609.v 1
EASEMENT
NOW, THEREFORE, for and in consideration of the covenant and conditions contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which arc
hereby acknowledged, the parties agree as follows:
1. Grant of Access and Easement. Grantor hereby grants and conveys to Grantee,
its successors and assigns, and the future owners of the real property described en Exhibit B, a
permanent, non-exclusive easement for ingress and egress over, along and across the Easement
Area which is that certain real property described and depicted in Exhibit C and Exhibit C-1
attached hereto.
2. Permits and AI)I)rovals. All work undertaken by Grantee shall be done pursuant
to the approval of valid permits and according to required design standards of the City of Edmonds.
3. Insurance. Grantor and Grantee shall each, respectively, include the other as an
additional named insured in their Commercial General Liability Insurance covering the parties for
risks in the area known as the Combined Easement Area in the Property Development Agreement
entered into by and between the parties; such coverage shall be by endorsement, maintained as
long as Grantee utilizes at least the Old Easement Area (AFN 7801230217) portion of the
Combined Easement Area (or a portion thereof if the Old Easement Area is reduced by mutual
agreement of the parties and the City) for access. Evidence of such coverage shall be provided to
the parties with each policy renewal.
4. Abandonment. Following completion of Grantee's construction of a Multifamily
Development pursuant to City of Edmonds PLN20190003 and improvements contemplated in the
Property Development Agreement, in the event the Grantee ceases to use the Easement Area for a
period of six (6) consecutive months, the Grantee shall have deemed to have abandoned its rights
under this Easement and this Easement shall terminate without the requirement of any further
action by either party.
GRANTOR:
THE STERLING FAMILY REVOC., BLE TRUST
1 p
By: Date:
Jeffr • ti• rd Sterligg, Trustee
By:
Lisa Wilkerson Sterling, Trustee
2
BN0,19079%0003101038609.v I
GRANTEE:
KISAN ENTERPRISE, LLC
Date:
By:
Its: _. a vx^ r
BN C.19079\0003 \ 01038609.v I
STATE OF WASHINGTON )
) ss.
COUNTY OF 4h1)L-vm11511 )
I certify that I have evidence that Jeffrey Gaylord Sterling and Lisa Wilkerson Sterling are
the persons who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledged
it as the Trustees of THE STERLING FAMILY REVOCABLE TRUST, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: /0 - .qhq
N07ARV �m
Na A&VO X
cn PliBLIC
an? 23 �2
N � WASHOC'
STATE OF WASHINGTON )
ss.
COUNTY OF 13 � )
PRINTEDNA\ —_---- �._----
('Lrs.,� L. Cnar��lr.-
NOTARY PUBLIC T
in and for the State of WashinLZZ
My commission expires: -72 3
I certify that I have evidence that is the person who
appeared before me, and said person acknowle geld th he/shesigned this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the
P2,E5 � of KISAN ENTERPRISE, LLC, a Washington limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED; 11 /lJ_ -
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� PUBLIC
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WAs0%
BNCU 907910003101038609.v 1
PRITv ED NAMMEE: NIA
NOTARY PU LIC
in and for the State of Washin ton
My commission expires: _ ' 41- 0
4
EXHIBIT A
CASCADIAN PROPERTY
Form WA-5 (6176)
Commitment
EXHIBIT 'A'
LEGAL DESCRIPTION:
PARCEL A:
File No.: NCS-643105-WA1
Page No. 2
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W M , IN SNOHOMISH COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION 800.21 FEET WESTERLY FROM
SOUTHEAST CORNER OF SUBDMSION,
THENCE NORTH 120 29' 21" EAST 160 FEET,
THENCE NORTH 210 27' 30" WEST 195.08 FEET,
THENCE NORTH 30 09' 11" EAST 183.8 FEET, MORE OR LESS, TO THE SOUTHERLY MARGIN OF SECONDARY
STATE HIGHWAY 1-W, SAID POINT BEING A POINT ON A CURVE, HAVING A RADIUS OF 380.28 FEET AND
WHOSE TANGENT BEARS NORTH 870 16' 19" WEST,
THENCE WESTERLY FOLLOWING SAID MARGIN OF SECONDARY STATE HIGHWAY 1-W ALONG THE ARC OF
CURVE TO THE LEFT, HAVING A RADIUS OF 380.28 FEET, A DISTANCE OF 152 FEET TO A POINT ON SAID
CURVE WHOSE TANGENT BEARS SOUTH 690 49' 36" WEST
THENCE SOUTH 110 06' EAST 509.23 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID NORTH
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER,
THENCE NORTH 880 14' 33" EAST ALONG THE SOUTH LINE 77.5 FEET TO THE POINT OF BEGINNING;
EXCEPT PORTION CONVEYED TO SNOHOMISH COUNTY, WASHINGTON BY DEED UNDER RECORDING NO.
2185471.
PARCEL B:
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER IN
SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W M, IN SNOHOMISH COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION 877.71 FEET SOUTH 880 14' 33" WEST OF
THE SOUTHEAST CORNER THEREOF,
THENCE SOUTH 880 14' 33" WEST 77.5 FEET,
THENCE NORTH 180 36' S9" WEST 432.6 FEET TO THE SOUTHEASTERLY MARGIN OF THE COUNTY ROAD,
THENCE NORTHEASTERLY ALONG SAID COUNTY ROAD TO A POINT WHICH BEARS NORTH 11° 06' WEST OF
THE POINT OF BEGINNING,
THENCE SOUTH 110 06' EAST 509.23 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION CONVEYED TO SNOHOMISH COUNTY FOR ROAD BY DEED RECORDED DECEMBER 7,
1931, IN VOLUME 260 OF DEEDS, PAGE 139, UNDER RECORDING NO. 510576;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY RECORDING NO. 2200922.
First American Title Insurance Company
EXHIBIT B
KISAN PROPERTY
COMMENCING AT A POINT ON THE_SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3
EAST, •W.M. IN SNOHOMISH COUNTY, WASHINGTON, DISTANT SOUTH 88°14'33" WEST 800.21
FEET FROM THE SOT7TFiEAST CORNER OF SAID NORTH HALF AND RUNNING THENCE ALONG
SAID SOUTH LINE SOUTH 88014'33" WEST 55.00 FEET;
THENCE NORTH 3009'I1" EAST523.66 FEET TO THE SOUTHERLY MARGIN OF`fHE COUNTY
ROAD; - - - - - - -HE-RLY M- -
THENCE ALONG THE SAID SOUTARGIN ON A CURVE TO THE.RIGHT HAVING A RADIUS
OF 380J8 FEET; WHOSE TANGENT AT THIS POINT BEARS NORTH 89000'24" EAST A DISTANCE
OF 140.80 FEET;
THENCE SOUTH 1204021" WEST 510.23 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING SOUTHWESTERLY OF LINE DESCRIBED AS ,
FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE TRACT- HEREINABOVE DESCRIBED
160 FEET NORTHEASTERLY FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE
NORTH 2102750" WEST TO INTERSECT THE WESTERLY LINE OF THE TRACT HEREINABOVE
FIRST DESCRIBED;
EXCEPTTHAT-PORTION DEEDED TO THE STATE OF WASHINGTON UNDER RECORDING
NUMBER 2185473.
APN:270336-001-023-00
EXHIBIT C
OCCUPANCY ACCESS PLAN
EXHIBIT C -OCCUPANCY ACCESS PLAN
1) The public sidewalk/crosswalk system shall be completed by Kisan according to adopted
City Design Standards.
2) The Cascadian walkway will be removed and replaced by Kisan With a twentyfoot ramped
pedestrian walkway with no stairs; any walkway beyond 20- shall be constructed by
Cascadian. Kisan and the Cascadian will mutually agree on the design and build process
prior to the commencement of construction of the walkway. Kisan shall pay for up to
twenty (20) feet of the walkway construction cost.
3) The Cascadian agrees that the driveway shall include all asphalt west of the Old
Easement Area within the Cascadian ingress turning radius as depicted ("Combined
Easement Area"),
4) The Kisan/Cascadian Ingress lane shall be designed by Kisan as 24 feet wide.
5) As depicted in Exhibit C, the Kisan ingress lane shall continue south from the street for
40 ft. The lane shall reach a IefttuTnAJ-turn Intersection and proceed to the Kisan property
or return to Hwy 104. Kisan Ingress traffic shall remain uncontrolled all the way to the
Kisan Property line.
6) Kisan ingress traffic shall have the right of way over Cascadian egress traffic:
7) The only aeurb shall be the new centerline o-curb as required by the City. The remainder 1`
of the lane separation markers shall be done with turtles and striping,
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NOTE: GREENE LAND SURVEYING GRAPHIC USED AS BASE MAP.
THEIS;A[UT, SURVEWACC.URATEAND.IS:NIEAHT f OR FLANNINGr
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EXHIBIT D
CONSTRUCTION ACCESS PLAN
EXHIBIT D - CONSTRUCTION ACCESS PLAN
1) Kisan shall remove the existing centerline a -curb leaving the required amount for safety
purposes.
2) Kisan shall layoutthe 24-foot Kisan/Cascadian Ingress lane with a Kisan 90-degree sweep
turn lane as shown in the attached construction access map.
3) Kisan, in consultation with the Cascadian, shall have the authority to manage traffic within
the Combined Easement Area during the construction period.
4) Kisan ingress and egress traffic shall have priority during the construction period and Kisan
shall provide slgnage that controls that priority.
5) Kisan shall make grading decisions within the Combined Easement Area in a mutually
beneficial fashion and shall include consideration of the existing stormwater drainage
system.
6) Kisan shall find a way to accommodate pedestrian traffic during the construction period: