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Home My WebLink About1993 - Easement Agreement - Ericson Gregory / Kent Randy et al - 9312161032710// 7 ;,TER RECORDING RETURN: & MRS. JERRY KENT 1411 South 132nd Seattle, WA 98168 J 0 4.13 . 72 ir. EASEMENT AGREEMENT This Agreement is entered into this 8th 1993, by and between: GREGORY A. ERICSON and SUSAN J. ERICSON, husband and wife, O Rl 1 fM L day of DECEMBER CO • Grantor, and O RANDY K. KENT and KAREN K. KENT, husband and wife, owners of C'J Lot 14, Grantee, and JERRY R. KENT and CAROL J. KENT, husband and Off` wife, owners of Lot 15, Grantee. This Agreement sets forth the terms and conditions under which the Grantor will grant the Grantee an easement. I. RECITALS A. Grantor is the owner of the following described real property: Parcel A. Lot 7, Block 4, Becond to Adam's Home Tract, according to plat recorded in volume 12 of plats, page 90, in King County, Washington. B. Grantee is the owner of the following described real property: Parcel B. Lot 14 (Randy K. Kent and Karen K. Kent) and Lot 15 JERRY (Ky R. Kent and Carol J. Kent), Block 4, Second Addition to Adam's Home Tracts, according to plat recorded in volume 12 of plats, page 9, King County, Washington. EXCISE TAX NOT REQUIRED are 43,9 t* 91441,4rn II. GRANT OF EASEMENT For valuable consideration, receipt and sufficiency of which is acknowledged, the Grantor grants and conveys to the Grantee, an easement for ingress, egress and utilities, over, across and under the west 20 feet of Lot 7 and 310 feet from north to south and over the west 20 feet of lot 14 for 105 feet north to south. (See attached Exhibit A) III. PURPOSE OF EASEMENT The Grantee shall be entitled to use the easement to provide physical access and utilities to Parcel B over, under and across C Parcel A by way of the easement. Grantees shall be solely N responsible for all costs of improvements including necessary O` permits, roads and utilities installations. IV. GENERAL PROVISIONS A. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. The easement created shall be appurtenant, shall touch and concern the real property described herein, and shall run with the land. B. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction Easement Agreement 2 CQ cr) O or other alternative dispute resolution process (collectively, "Proceedings"), and appears and collateral actions relative to such CV over and venue of any suit arising out of or related to this Agreement shall be exclusively in the state and federal courts of King County, Washington. C. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this Agreement arising out of or pertaining to this Agreement or the relationship of the parties, including but not limited to filing suit or requesting an arbitration, mediation, c") a suit or Proceeding, the substantially prevailing party as V` determined by the court or in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such suit or Proceeding from the substantially non -prevailing party, in addition to such other relief as may be awarded. D. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by the party against whom enforcement of the modification is sought. E. Waiver. The waiver by a party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall Easement Agreement 3 be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. F. Severabilitv_. If for any reason any portion of this Agreement shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of this Agreement 7' 77 shall remain in full force and effect. G. Notices. N Any notice required or desired to be given under this sAgreement shall be deemed given if in writing delivered to the party, or sent by certified mail to the address listed for that party. V. INDEMNIFICA'TION Grantee agrees to indemnify and hold Grantor harmless from and against any and all claims, liabilities, losses, costs and expenses, including without limitation attorneys' fees, or damages Grantor may experience or suffer as a result of claims, losses, demands, lawsuits, actions, and or judgments against or experienced by Grantor arising from or attributable to Grantee's negligence or otherwise improper use of the Easement. DATED this 8th day of DECEMBER , 1993, Easement Agreement Greg ry /x. ri son (7.�t!'t1.8►tii 'Susan J_ Eric n 4 z. 0 —1 EXHIBIT A 3 0 :1 LoT IS \ RLL LoT 114 I 0 5 SG ALE %";: I 2a, R 0. €..si-cr 4 Is -PaRcEL.._ A - 0 .4+ e3 , 13 11) 0 96» CV EXHIBIT A T10 r I)ARC L [3 Z. a i..uT �S .11 L oT 1 q `s- 21 o SGALE t" t6b S� 2U' R D. Erm r 4 rs' i' a a c ( L. A - 1 La 1�(S , �GT YI• y1 t1 10.17 EXHIBIT 8 GRANTORS AND GRANTEES ACKNOWLEDGE THAT THERE IS A 2 FOOT ENCROACHMENT INTO THE EASEMENT OF THE HOUSE LOCATED AT 4815 (See Exhibit "A") AND WILL CONTINUE AS LONG AS THE HOUSE REMAINS IN ITS PRESENT CONDITION. 6 9312181032 DATED this (3 day of STATE OF WASHINGTON) County of K I N G ) ss December GRANT X `L Ran enC4A-1--v-L.,ele"e4-474 Y Kar . Kent v �� J y Ri ent Y S Carol J. Kent , 1993. On this day personally appeared before me GREGORY A. ERICSON to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same co8" h1!f ee and voluntary act and deed, for the uses and purpose e . Ttioned . 1993.E �,10 Y�nd and o icia)seal this % day of DECEMBER, �; ---� ; mo PAL C --pGq 49� My Commission Expires: 2/22/97 STATE OF WASHINGTON) ) ss. County of K I N G 1 NOTAUBLIC On this day personally appeared before me SUSAN J. ERICSON to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. 1993 '''''IMuu.,,,, -,,,,•QoRICL4 4 ,��' 1 � �u Norq yN •• co �ca. t : o Pu•soc 4. • mil' Easement . ptement GIVEN under my hand ..and official - - al this / day ofDECEMBER NOTARY : i IC My Commission Expires: 2/22/9