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Recorded Easement200601181117.001 N0� A �. laURED +JAN 18 2006 200601181117 8 PGS 01118/2006 4:13r Ng9.00 SNOHOMISH COUNTY; WASHINGTON gpg UpNIINI, Snohomish Couotv[�easuier By g B OANTIN{ Return to: Christensen & Hawes Inc., P.S. JAMES R. HAWES 3102 ROCKEFELLER AVE Everett WA 98201 MUTUAL EASEMENT AGREEMENT BY THESE PRESENTS, LET IT BE KNOWN, that on date below signed, the parties hereto did enter into this agreement for the reciprocal grant of an easement as set out herein below. The parties hereby agree, on behalf of themselves, their heirs, successors and assigns, to be bound by the terms, covenants and conditions of this Mutual Easement Agreement, which specifically is intended to run with both of the properties described herein, in perpetuity. PARTIES / PROPERTIES: PARCEL #A: at 21108 Highway 99, Edmonds WA 98020, Washington, owner Shannon Meline, as her separate estate, as described in the first paragraph of the attached Exhibit "A", which Exhibit "A" is hereby incorporated herein by this reference, and which property is hereinafter referred to as PARCEL #A. Property Tax ID No. 27042000302400. PARCEL #B: at 21116 Highway 99, Edmonds WA 98020, Washington, owner Jacquelyn Robinson, a single person, as described in the first paragraph of the attached Exhibit "B", which Exhibit "B" is hereby incorporated herein by this reference, and which property is hereinafter referred to as PARCEL #B. Souf heaJ4- vas +en o-1- h� Property Tax ID No. 27042000302300.. Sou "we s + a^+er o F sec+''-� �o T-ewn.0-p 3i Ncr+l+ %ZCxn`�w' `i EIS+ w'.NI. PURPOSE: The above referenced properties are adjacent to each other. Each property currently has a commercial building located thereon. Garbage for these two buildings is currently stored, and picked up, in an area located between the two buildings. Commercial garbage pick up is made by driving the refuse truck between the two buildings. The refuse truck must go upon both of the properties in order to access the garbage storage area. The parties MUTUAL EASEMENT AGREEMENT Page 1 200601181117.002 desire to formally grant each other an easement in order to allow the owner of each property, or their tenants, to come across the property of the other in order to access their garbage storage area and have their garbage picked up, and to keep clean and maintain their respective areas. EASEMENT GRANT: Therefore, each party, on behalf of themselves, and their heirs, successors and assigns, for consideration of the mutual benefits to be derived therefrom, and the releases and agreements herein contained, which consideration the parties hereby acknowledge as full and adequate, do hereby grant, sell, transfer and convey to the other party hereto, and their heirs, successors and assigns, a non-exclusive easement FOR INGRESS and EGRESS, OVER, ACROSS, THROUGH AND UPON THE property of the other described below, including, without limiting, for access by their employees, guests, invitees and commercial vehicles servicing their respective properties. EASEMENT LOCATION: The Location of the easement across each respective parcel is set forth in the second paragraph of Exhibit "A" and Exhibit `B". USE: The parties hereto agree not to do or allow to occur on the easement anything which would disrupt the use of the easement granted by this document, normal disruption for repair, maintenance, and acts of God, excepted. Each Party agrees that all reasonable care shall be used to prevent the disruption of the use, or altering, of the property of the other outside of the easement area, and shall at all times return any disturbed casement property to the condition it was in prior to any disturbance, in a timely fashion, and to keep the property of the other, and the easement area, clean and free from the refuse of the other. Use of the easement area for maintenance and repair of the existing improvements and uses reasonably related and attendant thereto shall not be considered a disturbance of the easement property, and consent is granted to each to come upon the property of the other for such purposes upon reasonable advance notice and only to the extent required to effect the purposes of this agreement. Neither party shall allow parking in the easement area. IMPROVEMENTS: Each party agrees that they shall not place upon the easement area any additional buildings, fences or other improvements. RELEASE: Each party hereby agrees to release, hold harmless and indemnify the other parties as to any claims of damages to person or property arising out of use of the subject easement area by themselves, their tenants, guests and invitees, except as to damages to a party, their guests or invitees caused by the reckless or intentional acts of one of the other parties. The parties hereto acknowledge that certain claims of adverse possession to the easement area, or defenses to such claims, are being resolved hereby, and each party does hereby agree that the creation of this easement area shall act to extinguish such claims or defenses with respect to the area subject of this easement. Each party hereby acknowledges that they MUTUAL EASEMENT AGREEMENT Page 2 200601181117.003 understand that this Agreement effects their legal rights, and has had this agreement reviewed by counsel of their choosing, or otherwise waives the opportunity to do so. DURATION / TERMINATION: The parties hereto intend that this easement run with the land, and be perpetual. IN WITNESS WHEREOF this instrument has been executed this /,3 L day of 13ese b@;' 2005: Tan . aco� Shannon Meline J cquelyn Robinson MUTUAL EASEMENT AGREEMENT Page 3 200601181117.004 STATE OF WASHINGTON ss. County of Snohomish I certify that I know or have satisfactory evidence that Jacquelyn Robinson, signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. kl wv Public Srom of Wo~on SANQRA J. CARNEY My. Appok{ti 96t Expires Jon 36. 20M J 7= ) this date: /u Name: (printF j Title: Notary Public r/ My commission expires: STATE OF I c:-� ) � ss. County of ,�y�l L.0 ) I certify that I know or have satisfactory evidence that Shannon Meline, signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Subscribed and sworn to before me this date: 13 ';?Coto ,,.o""""n..... BILLI D. ISDN Name: (printed) ;11, L . 'Ison NOTARY PUBLIC Title: Not Public € STATE OF TEXAS Notary ,M My Commission Expires 03-18-2007 My commission expires: 1) V1 re MUTUAL EASEMENT AGREEMENT Page 4 200601181117.005 EXHIBIT A PARCEL A CITY OF EDMONDS SHORT PLAT NO. S-R-75 EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR INGRESS, EGRESS, OVER, ACROSS, THROUGH AND UPON THE NORTH 92.25 FEET OF THE SOUTH 370.00 FEET OF THE EAST 150.00 FEET OF THE WEST 180.00 FEET, LESS THE NORTH 7.77 FEET OF THE EAST 80.00 FEET; ALSO THE NORTH 77.78 FEET OF THE SOUTH 355.53 FEET, LESS THE WEST 180.00 FEET; ALL IN THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 27 NORTH, RANGE 4 EAST W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON LYING WESTERLY OF U.S. HIGHWAY 99, ALSO KNOWN AS PARCEL A OF THE CITY OF EDMONDS PLAT NO. S-R-75 RECORDED UNDER RECORDING NO. 2390335 BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE SOUTH 88°04' 38" EAST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 75.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°04' 38" EAST ALONG SAID SOUTH LINE A DISTANCE OF 59.27 FEET; THENCE NORTH 730 05'44" WEST A DISTANCE OF 31.57 FEET; THENCE NORTH 76002'39" WEST A DISTANCE OF 25.68 FEET; THENCE SOUTH 17003'22" WEST A DISTANCE OF 14.00 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINING 421 SQUARE FEET. 200601181117.006 \ PORTION OF THE SE 1/4 _ SW 1/4, SEC. 20, T. 27 N., R. 4 E., W.M. /}J INGRESS, EGRESS, AND l \ \ \ ` VEHICLE PARKING EASEMENT AM NO. 920409059E BUILDING 3J� BUILDING TRUE POINT 10' SANITARY SIDE SIJ 1"Po,\ OF BEGINNING SEWER EASEMENT b372`W G�V PA, � AM 237104E n. W. PUS W n ��4 pt Al ACCESS EASEMENT 41964 WEST LINE �T5L �l ONW OF PARCEL 'A' EXPIRES: 06/24/08 I S00'00'JS'W TAX PARCEL NO.27042000302400 JOB NAME: DRAWN BY: RWP CHECKED BY: KDB EASEMENT EXHIBIT SCALE: I"=20' LOCATION: EDMONDS, DATE: 12-14-05 WASHINGTON JOB NUIMBER SHEET EASEMENT EXHIBITMAP 05-112-01 1 OF 1 200601181117.007 PARCEL B CITY OF EDMONDS SHORT PLAT NO. S-R-75 EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR INGRESS, EGRESS, OVER, ACROSS, THROUGH AND UPON THE NORTH 105.00 FEET OF THE SOUTH 277.75 OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING WESTERLY OF U.S. HIGHWAY 99; EXCEPT THE WEST 30.00 FEET THEREOF FOR ROAD, ALSO KNOWN AS PARCEL B OF THE CITY OF EDMONDS PLAT NO. S-R-75 RECORDED UNDER RECORDING NO. 2390335 BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE SOUTH 88°04' 38" EAST ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 122.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88004' 38" EAST ALONG SAID NORTH LINE A DISTANCE OF 59.18 FEET TO A POINT ON THE WESTERLY LINE OF AN EXISTING EASEMENT FOR INGRESS, EGRESS AND VEHICLE PARKING PURPOSES DESCRIBED IN THE PERSONAL REPRESENTATIVE'S QUIT CLAIM DEED RECORDED UNDER SHOHOMISH COUNTY AUDITOR'S FILE NO. 9204090598; THENCE SOUTH 170 03'22" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 14.00 FEET; THENCE NORTH 76°03'02" WEST A DISTANCE OF 25.94 FEET; THENCE NORTH 73001'29" WEST A DISTANCE OF 31.23 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINING 421 SQUARE FEET. 200601181117.008 PORTION OF THE SE 1/4 - _ SW 1/4, SEC. 20, T. 27 N., R. 4 E., W.M. /fJ \ \ 51`b`•ZZ'W INGRESS, EGRESS AND J LEHICL£ PARKING EASEMENT AFN NO. 92NO90598 � 3 � ryb � W VVm rV /h BUILDING JI TRUE POINT J OF BEGINNING BUILDING • G r— 0' 10' SANITARY SIDE I SEWER EASEMENT AFN 2371NS I QpQ�Q ,yo�0 I `ti pQ_ 41 �O I pN � I I I I /2 -ly-oS W. PU S 01 4gyT�F` ��4t6 I 41964 1 `h1W4L I.Aun ACCESS EASEMENT I I W%ST UNE E%PIREs: 96/N/O6 OF PARCEL 'B' ' S00'00'35'W TAX PARCEL NO.27042000302300 JOB NAME: DRAWN BY: RWP CHECKED BY: KEE EASEMENT EXHIBIT SCALE: I"=20' LOCATION: DATE: 12-14-05 EDMONDS, WASHINGTON JOB NUMBER SHEET -DESCRIPTION EASEMENT 05-112-01 1 OF 1