REVIEWED BLD2019-0026+Access Easement+04.15.2024WHEN RECORDED RETURN TO:
John Rettenmier
Paradise Heights HLD, LLC.
190 West Dayton Street, Suite 103
Edmonds, Washington 98020
Document Title: ACCESS EASEMENT
Grantor(s): OWEN L. OWENS AND JACQUELINE L. OWENS, a married couple
Grantee(s): PARADISE HEIGHTS HLD, LLC a Washington limited liability company
Legal Description:
1. Abbreviated Legal Description: A portion of Southwest Quarter of Section 25,
Township 27 North, Range 3 East, WM, in Snohomish
County, Washington
2. The complete legal description of the property is attached as Exhibit C to this
document.
Assessor's Property Tax Parcel Account No(s).: 27032500303200 and 27032500302600
ACCESS EASEMENT
THIS EASEMENT ("Easement") is made this day of April 2024, by and between
OWEN L. OWENS and JACQUELINE L. OWENS, a married couple ("Grantor"), and PARADISE
HEIGHTS HLD, LLC a Washington limited liability company ("Grantee").
RECITALS
A. Grantor is the Owner of certain real property legally described in Exhibit "A" ("Grantor's
Parcel") attached to this Easement.
B. Grantee is the Owner of certain real property legally described in Exhibit "B" ("Grantee's
Parcel") attached to this Easement.
C. Grantor by this instrument desires to grant and convey an Easement for utility purposes
over and across the real property described on Exhibit C.
ACCESSEASMENT
UTILITY EASEMENT
1. Grant. Grantor does hereby grant and convey to the Grantee a perpetual non-exclusive
easement through over, under, and across that portion of the Grantor's Parcel legally described in
Exhibit "C" ("The Easement Parcel"), attached to this Easement, for the purpose of installing,
constructing, repairing, maintaining, inspecting, operating, or replacing a sanitary sewer, and with all
necessary lines, connections, manholes and underground appurtenances ("Facilities").
2. Construction Easement. Grantor also grants and conveys to the Grantee a
nonexclusive perpetual easement over, under, and across those portions of the Grantor's Parcel
reasonably necessary for the purpose of installing, constructing, repairing, maintaining, inspecting,
operating, or replacing the Facilities.
3. Consideration. In consideration of the grant of the Easement, the Grantee agrees at
the Grantee's sole cost and expense shall pay all costs associated with installation and/or maintenance
of the Facilities in the easement.
4. Comoliance with Laws. The Grantee shall at all times exercise its rights under this
Easement in accordance with the requirements (as from time -to -time may be amended) and all
applicable statutes, orders, rules, and regulations of any public authority having jurisdiction.
5. Liens. The Grantee is not the agent or a partner of the Grantor for any purpose. The
Grantee shall not allow any liens or claims to attach to the Grantor's parcel through the activities of
Grantee.
6. Limitation on Grantor's Use. The Grantor shall not conduct any activities or construct
any improvements within The Easement Parcel, which would interfere with or conflict with the rights of
the Grantee under this Easement. The Grantor shall not place any permanent structures within the
Easement Parcel which would interfere with the Grantee's use or rights under this Easement.
7. Easement Appurtenant. The rights anti obligations of Grantor and Grantee shall inure
to the benefit of and be binding upon their respective successors and assigns. This Easement is for the
benefit of and is appurtenant to the Grantee's Parcel and such additional lands as may be served by the
Facilities. This Easement is a covenant running with the land and binds every owner now having or
hereafter acquiring an interest in the Grantor's Parcel.
S. Indemnification. The Grantee shall defend, indemnify, reimburse, and hold harmless
the Grantor from and against any and all liabilities, loss, damage, expense, actions, or claims, including
costs and reasonable attorney's fees, incurred by Grantor in defense thereafter, asserted or arising out
of the acts or omissions of the Grantee, the Grantee's employees agents, or contractors in the exercise
of the rights granted by this Easement, but only to the extent that such liability, etc., does not arise out
of the negligence or intentional act of the Grantor, the Grantors employees, agents, or contractors.
9. Assignment. The rights of the Grantee may be assigned to any person or entity
assuming the obligations of the Grantee. Any assignee of the Grantee's Parcel shall assume the
obligations of this Easement and shall be bound by the terms, conditions, and provisions of this
Easement.
10. Breach and Defaullt. No breach of this Easement shall entitle the Grantor to cancel,
rescind, or otherwise terminate this Easement. The foregoing limitation will not affect, in any manner,
any other right or remedy which the Grantor might have by reason of any breach of this Easement. The
Grantee shall have the right to seek speck performance, injunctive relief, and/or other equitable relief,
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for the violation or threatened violation of this Easement. In any action to enforce or construe this
Easement, or due to the breach or default of either party, the prevailing party shall be entitled to an
award of its reasonable attorney's fees and costs, relating to those issues upon which the party has
prevailed.
11. Force Maieure. If performance of any action by either party is prevented or delayed by
an act of God, labor disputes, or other cause beyond the reasonable control of such party, then the time
for the performance of such action shall be extended for a reasonable period.
12. Further Assurance. Upon written request, either party agrees to execute such further
instruments as may be reasonably necessary to perfect, confirm, or implement the terms, conditions,
and provisions of this Easement.
GRA TOR:
Owen L. Owens �
JE(
c, ueli L. Owens
i I
Date Executed: �I I Li
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COUNTY OF SNOHOMISH
GRANTEE:
PARADISE HEIGHTS HLD, LLC
W. John Rettenmier
Its Managing Member
Date Executed: - /2 20 2�K
This is to certify that on this day of April, 2024 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared OWEN
L. OWENS and JACQUELINE L. OWENS to me known to be the individuals described herein and who
executed the within and foregoing instrument, and acknowledged to me that they signed and sealed the
same as his free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate first above written.
ACCESS EASMENT
P'Om 5
NOTARY PUBLIC in and for the
Washington, residing at an 5 GUI
My commission expires: i
P NOiAgAo
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USLIO
9� :;Mr 2trYer;�•
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
This is to certify that on this 1a� day of April, 2024, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN
RETTENMIER, the managing member of PARADISE HEIGHTS HLD, LLC, the limited liability company
that executed the foregoing instrument and acknowledged that he signed the same as his free and
voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument.
WITNESS my hand and official seal the day and year in this certificate first above written.
NOTARY PUBLIC in'And for the State of
Washington, residing at L aMQQV1'5 0'r
My commission expires: I
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
NCiAgp"�;
PUBLIC
ACCESSEASMENT
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PARCEL
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 27 NORTH, RANGE 3
EAST,
WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A
POINT ON THE
SOUTH LINE 125 FEET WEST OF THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE
NORTH 1 EGREES EAST PARALLEL TO THE EAST LINE 221.94 FEET TO THE
WESTERLY LINE OF
COUNTY ROAD; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE OF
THE COUNTY
ROAD ON ARC OF A CURVE TO THE RIGHT HAVING RAIUS OF 448.34 FEET, A
DISTANCE OF
43.85 FEET; THENCE SOUTH 39 DEGREES 05' EAST 84.34 FEET; THENCE
SOTH 34 DEGREES 55'22" WEST, 150.94 FEET TO THE POINT OF BEGINNING,
IN SNOHOMISH COUNTY,
WASHINGTON; SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF
WASHINGTON
ACCESS EASMENT
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE'S PARCEL
The land referred to is situated in the County of Snohomish, City of Edmonds, State of Washington,
and is described as follows:
All that portion of the South half of the Southwest quarter of the Northwest quarter of the Southwest
quarter of Section 25, Township 27 North, Range 3 East, W.M., in Snohomish County, Washington,
lying North of State Road No. 1-W and South of County Road.
EXCEPT the East 15 feet thereof, as measured on the South line;
EXCEPT the West 262.90 feet of said Southwest quarter of the Northwest quarter of the Southwest
quarter, measured on the North line;
AND EXCEPT the following described Tract:
Beginning at a point on the South line of said Southwest quarter of the Northwest quarter of the
Southwest quarter 15 feet West of the Southeast corner thereof;
THENCE North 10 East 95.54 feet to the Southerly line of County Road;
THENCE Northwesterly along the Southerly line of County Road 168.19 fleet.
THENCE South 10 West 71.94 feet, more or less, to the Northeast corner of tract conveyed to Otto E.
Marten and wife, by Deed under Recording No. 1029868;
THENCE North 88032' West 260.05 feet, more or less, to the Northerly line of State Road 1-W;
THENCE Southeasterly along the Northerly line of said State Road 236.05 feet, more or less, to point
on the South line of said Subdivision, 180 feet West of the Southeast corner thereof; THENCE South
88032' East 165 feet to the True Point of Beginning;
ALSO, EXCEPT portion conveyed to the State of Washington under Recording No. 2159660. SITUATE
in the County of Snohomish, State of Washington.
Property Address: 546 Paradise Lane, Edmonds, WA 98020
ABBREVIATED LEGAL
Portion of the Northwest quarter of the Southwest quarter of Section 25, Township 27 North, Range 3
East, W.M., Snohomish County, Washington
Tax Account No.270325-003-026-00
ACCESS EASMENT
EXHIBIT C
LEGAL DESCRIPTION OF EASEMENT FOR ACCESS
Beginning at the northwest corner of grantor's property, the true point of beginning;
thence southerly along property line N 000 47'43" E, a distance of 9.00 feet; thence
northerly to a point along the County Road and Grantor's easterly property line a
distance of 4.5 feet from the true point of beginning; thence westerly along the curve
of the County Road a distance of 4.5 feet to the true point of beginning.
ACCESS EASMENT