REVIEWED RESUB1 BLD2024-0295+RECORDED EASEMENT+7.16.2024_2.08.19_PM+4381373202407090188
RECEIVED
CITY OF EDMONDS
DEVELOPMENT SERVICES
DEPARTMENT
Return Address:
BLD2024-0295
JOHNS MONROE MITSUNAGA
KOLOUSKOVA PLLC
ATTINT: Peter Durland
11201 SE Bch Street, Suite 120
Bellevue, WA 98004-6969
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EASEMENT
Rec: $314.50
7/9/2024 12:24 PM 1 of 12
SNOHOMISH COUNTY,
WA
Electronically Recorded
Reviewed by t
City of Edmonds ;
1
Planning Division
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Brian
Document Title:Access and Utilities Easement Agreement
Grantor(s): Alan Lawrence and Chelea Warinner-Kent; Brian King and April Zcpcda
April Zepeda; Alan Lawrence and Chelea Warinner-Kent
Legal description- Abbr: LOTS 8 AND 9, PLAT OF VIEWLAND HEIGHTS, ACCORDING
O THE PLAT THEREOF,•• OF
RECORDS O; f
descriptionAdditional do
Assessor's Property Tax Parcel/Account Numbers: 00606600000900; 00606600000800
Referenced Recording„ Nos.
[Tk4TLT.r6,RT0TrFff=a
This Access and Utilities Easement Agreement (this "Access and Utilities Easement") amends
and supersedes certain easements reserved and granted under a deed dated June 30, 1955, and
recorded August 5, 1955, under auditor's file no. 1155172 in Snohomish County and later
referenced in that certain deed under auditor's file no. 1224335 in Snohomish County and
subsequent recordings (the "Original Easement Reservation" and "Original Easement Grant",
respectively). This Access and Utilities Easement is effective as of the _ day of July, 2024,
(the "Effective Bate"), by Brian King and April Zepeda, a married couple, as the owners of
Parcel 00606600000900, and by Alan Lawrence and CheIea Warinner-Kent, a married couple,
as the owners of Parcel 00606600000800 (collectively referred to as the "Parties").
A. Alan Lawrence and Chelea Wari er-Kent are the owners of that certain property
known as Snohomish County Assessor's Parcel Number 00606600000800 (the
Access and Utilities Easement Agreement Page 1 of 11
202407090188 Document: EASEMENT Rec: $314.50 Page-2 of 12
Record Date:7/9/2024 12:24 PM Snohomish County, WA
"Lawrence Property"), legally described in Exhibit A attached hereto and incorporated
by reference.
B. Brian King and April Zepeda are the owners of that certain real property known as
Snohomish County Assessor's Parcel Number tl•1•i111i•11 (the "Zepeda
Property") abutting the north property boundary • the Lawrence Property. The
Lawrence •• and •. Property are • referred to as the "Properties."
C. The Parties wish to amend and supersede the Original Easement Reservation and
Original Easement Grant in their entirety, replacing them with this Access and Utilities
Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the
sufficiency of which is confirmed by the Parties to be adequate consideration, the Parties agree
to the following terms and conditions:
F.T410 =71,101 1XIIII I a N1,
In consideration of the mutual promises set forth in this Access and Utilities Easement, the
Parties collectively agree as follows:
1. Incorporation of Recitals. The representations in the foregoing recitals are true and
correct and are incorporated herein by this reference, as if set forth in their entirety.
2. Amendment of Zepeda Easement Over Lawrence Property. The owners of the
Lawrence Property, on behalf of themselves, their heirs, successors and assigns, hereby
grant and convey to the owners of the Zepeda Property, and their heirs, successors and
assigns, a perpetual, appurtenant, non-exclusive easement for ingress, egress, access,
and utilities, over, under, and upon that portion of the Lawrence Property legally
described in Exhibit C and depicted in Exhibit D (the "Zepeda Easement Area"). This
amends and supersedes the Original Easement Grant.
3. Replacement of Lawrence Easement Over Zepeda Property. The owners of the
Zepeda Property, on behalf of themselves, their heirs, successors and assigns, hereby
grant and convey to the owners of the Lawrence Property, and their heirs, successors
and assigns, a perpetual, appurtenant, non-exclusive easement for ingress, egress,
access, and utilities, over, under, and upon that portion of the Zepeda Property legally
described in Exhibit A as part of the Lawrence Property's legal description (the
"Lawrence Easement Area"). The location of the Lawrence Easement Area will remain
exactly as initially contemplated in the Original Easement Reservation, and will only
change the rights and responsibilities for use as contemplated in this Access and Utilities
Easement. The Lawrence Easement Area and Zepeda Easement Area are collectively
referred to as the "Easement Areas."
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Record Date:7/9/2024 12:24 PM Snohomish County, WA
4. Release of Original Easement Reservation. Under the deed recorded under
Snohomish County Auditor's File No. 1155172, the grantor therein reserved an
easement over the Zepeda Property for the benefit of the Lawrence Property for utilities,
private driveway, and maintenance and repair of the same. The Parties hereby release
and forever disclaim any right, title, or interest in this Original Easement Reservation
over the Zepeda Property for the benefit of the Lawrence Property under auditor's file
no. 1155172 in Snohomish County, and later referenced in that certain deed under
auditor's file no. 1224335 in Snohomish County. For all future purposes, the Origin--].
Easement Reservation is deemed null and void and replaced by this Access and Utilities
Easement in its entirety. This Access and Utilities Easement does not affect the
easement reservation for a drainage line referenced in auditor's file no. 1155172.
5. Release of Original Easement Grant. Under the deed recorded under Snohomish
County Auditor's File No. 1155172, the grantor therein granted an easement over the
Lawrence Property for the benefit of the Zepeda Property for utilities, private driveway,
and maintenance and repair of the same. The Parties hereby release and forever disclaim
any right, title, or interest in the Original Easement Grant over the Lawrence Property
for the benefit of the Zepeda Property under auditor's file no. 1155172 in Snohomish
County, and later referenced in that certain deed under auditor's file no. 1224335 in
Snohomish County. For all future purposes, the Original Easement Grant is deemed null
and void and replaced by this Access and Utilities Easement in its entirety, This Access
and Utilities Easement does not affect the easement reservation for a drainage line
referenced in auditor's file no. 1155172.
6. Use by the Parties. The Parties shall have the right to install all improvements within
the Easement Areas for use of the Easement Areas pursuant to the intent of this Access
and Utilities Easement, provided that the Parties shall agree in writing to the
improvements if the cost of constructing such improvements is to be shared. Upon
installation of improvements within the Easement Areas and approval by all applicable
regulatory agencies, the costs of maintenance and repair of all improvements within the
Easement Areas shall be shared equally by the Parties.
7. Damage to Easement Areas. If one of the Parties (or any of the Parties' agents or
contractors) should damage the Easement Areas or any of its improvements, the
responsible Party shall restore the Easement Areas or any of its improvements at their
sole cost to its pre-existing condition.
8. Indemnification. The Zepeda Property owner shall inderrmify, defend and hold
harmless the Lawrence Property owner, its successors and assigns, from and against any
and all claims, actions, suits, losses, expenses (including reasonable attorneys' fees),
and damages which may accrue or be suffered by any persons or property to the extent
arising from or relating to the activities of the Zepeda Property owner pursuant to this
Access and Utilities Easement, except to the extent caused or contributed to by the
negligence or willful misconduct of the Lawrence Property owner.
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Record Date:7/9/2024 12:24 PM Snohomish County, WA
The Lawrence Property owner shall indemnify, defend and hold harmless the Zepeda
Property owner, its successors and assigns, from and against any and all claims, actions,
suits, losses, expenses (including reasonable attorneys' fees), and damages which may
accrue or be suffered by any persons or property to the extent arising from or relating to
the activities of the Lawrence Property owner pursuant to this Access and Utilities
Easement, except to the extent caused or contributed to by the negligence or willful
misconduct of the Zepeda Property owner.
9. Enforcement/Binding Arbitration. Any claims for enforcement or interpretation of
this Access and Utilities Easement shall be resolved by binding arbitration pursuant to
RC W 7.04A.0 10, et seq. In the event of arbitration, the prevailing party in such action
shall be entitled to recover their reasonable attorneys' fees, expenses, and court costs as
determined by the Arbitrator.
10. Covenants Run with the Land. The benefits, burdens and obligations set forth in this
Access and Utilities Easement are intended to, and shall, run with the land and shall be
binding upon and inure to the benefit of the owners of the Lawrence Property and the
Zepeda Property, the present and future owners thereof and their respective heirs,
assigns, successors, tenants and personal representatives. Notwithstanding the
foregoing, the obligations and burdens of each of the Parties under this Easement are
not personal to the Parties, but shall run with title to their respective parcels and be
binding on the owners of the Lawrence Property and the Zepeda Property only to the
extent such obligations and burdens accrue, arise, or are in effect during such owners'
respective periods of ownership of their respective parcels.
11. Amendment. This Access and Utilities Easement may be modified, supplemented or
amended only by a written instrument signed by the then record owners of the Lawrence
Property and the Zepeda Property and recorded in the real property records of
Snohomish County, Washington.
12. Severability. If any provision of this Access and Utilities Easement shall be found void
or unenforceable, the remaining portions of this Access and Utilities Easement shall
remain in full force and effect.
13. Governing Law and Venue. This Access and Utilities Easement shall be governed by
and interpreted in accordance with Washington law.
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Record Date:7/9/2024 12:24 PM Snohomish County, WA
O- • .� • • • a • - •. • •- •
LAWREN-CES:,
Alan Lawrence
Chelea Warinner-Dent
Date:
T)
ZEPE AS.
Brian Kin
Date:
April Zerf peda
Date:
Access and Utilities Easement Agreement Page 5 of 11
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Record Date:7/9/2024 12:24 PM Snohomish County, WA
STATE OF WASHINGTON)
)ss.
COUNTY
On this day personally appeared before me Alan Lawrence'•
to me known to be the individual
or individuals described in and who executed the within and foregoing instrument, and
the uses and purposes therein mentioned.
Given under my hand and official seal this day of
2024.
4r1AfA.1JV W JAI.*, tj:Sjojjj (PrintNam
tl( ate of
TAMMY WINSLOW In. a�a e St Washington,
Notary Public Notary Public, Residing at F.A M crjj.�
State of Washinston My appointment expires: -6,c + n no"r
Commission # 21032494
My Comm. Expires Oct 20, 2025
STATE OF WASHINGTON)
)ss.
COUNTY OF j:j613n rq, 5�
*n this day personally appeared before me Chelea Warinner-Kent, to me known to be the
�ndividual or individuals described in and who executed the within and foregoing instrument,
and acknowledged that he/she signed the same as his/her/their free and voluntary act and
,ieed, for the uses and purposes therein mentioned.
Given under my hand and official seal this rd - day of )u 2024.
rTAMMY WINSLOW ki 5101j(Print Name)
Notary Public
State of d Washi):ngton In anfa a e of Washington,
OmMiSsion # 21032494]
My Ccomm. Expires Oct 20, 2025 Notary Public, Residing at � den b0d6 Uh
My appointment expires: 02t _a Q
Access and Utilities Easement Agreement Page 6 of 11
202407090188 Document: EASEMENT Rec: S314.50 Page-7 of 12
Record Date:7/9/2024 12:24 PM Snohomish County, WA
STATE OF WASHINGTON)
COUNTY OF 5b&pm
On this day personally appeared before me Brian King to me known to be the individual or
individuals described in and who executed the within and foregoing instrument, and
acknowledged that he/she signed the same as his/her/their free and voluntary act and deed, for
the uses and purposes therein mentioned. rd
Given under my hand and official seal this day of 2024.
(A) 004NE
TAMMY WINSLOW hi and for the :4ate of Washington,
Notary Public Notary Public, Residing at M owd.5
State of Washington
Commission # 21032494 My appointment expires: -0
My Comm. Expires Oct 20, 2025
STATE OF WASHINGTON)
)ss.
COUNTY OF
On this day personally appeared before me April Zgpeda, to me known to be the individual or
individuals described in and who executed the within and foregoing instrument, and
VI
the uses and purposes therein mentioned.
Given under my hand and official seal this
—Z)—
TAMMY WINSLOW
Notary Public
State of Washington
Commission # 21032494
MY Comm. Expires Oct 20, 2025
unwoulm
(Print Name)
Access and Utilities Easement Agreement Page 7 of 11
a,
202407090188 Document: EASEMENT Rec: 5314.50 Page-8 of 12
Record Date:7/9/2024 12:24 PM Snohomish County, WA
Attiff4us' . . ...
PLATS,R'DS OF SNOHOMISH COUNTY,
TOGETHER WITH AN EASEMENT OVER THE SOUTH 15 FEET OF THE EAST 80 FEET OF LOT 9, PLAT OF
VIEWLAND HEIGHTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 84,
RECORDS OF SNOHOMISH COUNTY, WASHINGTON.
06/14/2024
a a ,
Access and Utilities Easement Agreement Page 8 of 11
202407090188 Document: EASEMENT Rec: S314.50 Page-9 of 12
Record Date:7/9/2024 12:24 PM Snohomish County, WA
COUNTY,LOT 9, PLAT OF VIEWLAND HEIGHTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 13 OF PLATS, PAGE 84, RECORDS OF SNOHOMISH
•..
Access and Utilities Easement Agreement Page 9 of 11
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Record Date:7/9/2024 12:24 PM Snohomish County, WA
06/14/2024
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Record Date:7/9/2024 12:24 PM Snohomish County, WA
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Record Date:7/9/2024 12:24 PM Snohomish County, WA