HomeMy WebLinkAboutExhibit H - TPP-proposed Easement for Beach Access (draft)
EXHIBIT H
DRAFT EASEMENT FOR
BEACH ACCESS
(Provided by Termination Point Properties, LLC)
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WHEN RECORDED, MAIL TO:
Lincoln Miller, PLLC
4566 Flying Goat Ave NE #C120 Bainbridge Island, WA 98110
EASEMENT AND COVENANT FOR ACCESS Grantor: Termination Point Properties, LLC, and Termination Point
Homeowners Association Grantees: Termination Point Properties, LLC, Termination Point Homeowners Association, Rochelle M. & Phillip F. Spindor,
Nicole & Jeremiah Johnson, Donald & Mary Beltramo, Robert & M. Kathleen Purvis, Anthony J. & Elena R. Brenna, Trustees of Brenna Trust Agreement dated January 4, 2007, Nora Sara
Collins, James C. & Sherry D. Husfelt, Linda Colasurdo, Michael and Pamela Trask, Shaun & Amy Dyreng, Victor Ibarra and Jennifer Mislan-Ibarra, Shine 49, LLC, Michael B. & Rufina M. Laureta, Julie & Patrick Cooper, David & Arcelia Ellis, and Termination Point Homeowners Association. Abbrev. Legal Description: Lots 1-56, Plat of Termination Point, Vol. 4, Page 25; Part of Gov. Lot 1, Sec. 2, T27N, R1E, W.M. Tax Account Nos: 998600001, 998600020, 998600003, 998600004, 998600005, 998600006, 998600007, 998600008, 998600009, 998400010, 998600011, 998600012, 998600013, 998600014, 998600015, 998600016, 998600017, 998600019, 998600021, 998600022, 998600023, 998600024, 998600025, 998600026, 998600027, 998600028, 998600029, 998600030, 998600031, 998600032, 998600033, 998600034 and 721022004
This EASEMENT AND COVENANT FOR ACCESS AGREEMENT (the "Agreement") is made, declared, established, and entered into by and among Termination Point Properties,
LLC, a Washington limited liability company, and Termination Point Homeowners Association, a Washington nonprofit corporation (collectively “Grantors”) and Rochelle M. and Phillip F. Spindor, a married couple; Nicole Johnson and Jeremiah Johnson, a married couple; Donald Beltramo and Mary Beltramo, a married couple; Robert Purvis and Kathleen M. Purvis, husband and wife; Anthony J. Brenna and Elena R. Brenna, Trustees of the Brenna
Trust Agreement dated January 4, 2007; Nora Sara Collins, a single person; James C. Husfelt and Sherry D. Husfelt, a married couple; Linda Colasurdo, an unmarried person; Michael
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Trask and Pamela Trask, a married couple; Shaun and Amy Dyreng, a married couple; Victor Ibarra and Jennifer Mislan-Ibarra, a married couple; Shine 49, LLC, a Washington limited
liability company; Michael B. Laureta and Rufina M. Laureta, a married couple; Julie Cooper and Patrick Cooper, a married couple, David and Arcelia Ellis, a married couple, James B. Morrison Family LLC, a Washington limited liability company, Termination Point Properties, LLC, a Washington limited liability company, and Termination Point Homeowners Association, a Washington nonprofit corporation (collectively “Grantees”):
Grantors acknowledge and agree to the truth and accuracy of the following recitals, all of which are fully incorporated by reference into the Agreement set forth below: Recitals
A. Termination Point Properties, LLC, a Washington nonprofit corporation, is the fee owner of real property legally described as follows: Lots 11 to 18, inclusive, 22 to 41, inclusive, 45, 46, 51, 52, and 56, Plat of
Termination Point, as recorded in Volume 4 of Plats, page 25, records of Jefferson
County, Washington. and
That portion of Government Lot 1 in Section 2, Township 27 North, Range 1 East,
W.M. in Jefferson County, Washington, described as follows: Beginning at the Southeast corner of Lot 57 of Termination Point, as per Plat recorded in Volume 4 of Plats on page 25, records of Jefferson County, thence
North 88̊ 19' 41" West, along the South line of said Lot 57, a distance of 100 feet
to the true point of beginning; thence continuing North 88̊ 19' 41" West, along said South line, and along said south line extended, a distance of 100 feet; thence South 1̊ 39' 20" West to the Southerly boundary of said Government Lot 1; thence Easterly along said Southerly boundary, to a point thereon from which the true point of
beginning bears North 1̊ 39' 20" East, thence North 1̊ 39' 20" East to the True Point
of Beginning. Except portion thereof lying Northwesterly of the Southwesterly right of way line of Ricky Beach Drive, as shown on the plat of Termination Point. TOGETHER WITH tidelands of the second class, as conveyed by the State of Washington, situate in front of, adjacent to and abutting thereon. Situated in the
County of Jefferson, State of Washington.
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B. Termination Point Homeowners Association, a Washington nonprofit corporation, is the fee owner of real property legally described as follows:
Lot 19, Plat of Termination Point, as recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington; Together with an undivided 33/56th interest in lots 9 and 10 of said plat
C. Rochelle M. and Phillip F. Spindor, a married couple, are the fee owners of real property legally described as follows: Lot 1, Plat of Termination Point, as recorded in Volume 4 of Plats, page 25, records of
Jefferson, County, Washington;
Together with an undivided 1/56th interest in Lots 9 and 10 of said plat;
D. Nicole Johnson and Jeremiah Johnson, a married couple, are the fee owners of real property legally described as follows: Lot 2 and the North 47.12 feet of Lot 3, Termination Point, as per plat recorded in
Volume 4 of Plats, page 25, records of Jefferson County Washington;
Together with an undivided 1/56th interest in Lots 9 and 10 of said plat;
E. Donald Beltramo and Mary Beltramo, a married couple, are the fee owners of real
property legally described as follows: Lots 3 and 4, of the Plat of Termination Point, recorded in Volume 4 of Plats at page 25, records of Jefferson County Washington;
EXCEPT the North 47.12 feet of Lot 3, also being Lot "B" of the Boundary Line Adjustment recorded under Recording No. 468383 Together with undivided 3/112th interest in Lots 9 and 10 of said Plat;
F. Robert Purvis and Kathleen M. Purvis, husband and wife, are the fee owners of real property legally described as follows: Lots 5 and 6, Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records
of Jefferson County, Washington.
Together with an undivided 1/56th interest in Lots 9 and 10 of said plat; G. Anthony J. Brenna and Elena R. Brenna, Trustees of the Brenna Trust Agreement dated
January 4, 2007, are the fee owners of real property legally described as follows:
Lots 7 and 8, Plat of Termination Point, as recorded in Volume 4 of Plats, page 25, records of Jefferson County
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Together with an undivided 1/56th interest in Lots 9 and 10 of said plat;
H. Nora Sara Collins, a single person, is the fee owner of real property legally described as follows: Lot 20 of Termination Point, according to plat thereof, recorded in volume 4 of plats,
page 25, records of Jefferson County, Washington.
Together with an undivided 1/56th interest in Lots 9 & 10 in Termination Point Plat, as per plat recorded in Vol. 4 of Plats, page 25, of Jefferson County Washington.
J. James C. Husfelt and Sherry D. Husfelt, a married couple, are the fee owners of real
property legally described as follows: Lot 21 of Termination Point, according to plat thereof, recorded in volume 4 of plats, page 25, records of Jefferson County, Washington.
Together with an undivided 1/56th interest in Lots 9 and 10 of said Plat; K. Michael Trask and Pamela Trask, a married couple, are the fee owners of real property legally described as follows:
Lots 42 and 43 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington; Situate in the County of Jefferson, State of Washington.
L. Shaun Dyreng and Amy Dyreng, a married couple, are the fee owners of real property legally described as follows: Lot 44 of Termination Point, according to plat thereof, recorded in volume 4 of plats, page
25, records of Jefferson County, Washington.
Together with an undivided 1/56th interest in Lots 9 and 10 of said Plat; M. Victor Ibarra and Jennifer Mislan-Ibarra, a married couple, are the fee owners of real
property legally described as follows:
Lots 47 and 55 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington;
M. Linda Colasurdo, an unmarried person, is the fee owner of real property legally described
as follows:
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Lot 48 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington;
Together with an undivided 1/56th interest in Lots 9 and 10 of said plat; N. Shine 49, LLC, a Washington limited liability company, is the fee owner of real property legally described as follows:
Lot 49 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington; Together with an undivided 1/56th interest in Lots 9 and 10 of said plat;
O. Michael B. Laureta and Rufina M. Laureta, a married couple, are the fee owners of real property legally described as follows: Lot 50 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of
Jefferson County, Washington.
P. Julie Cooper and Patrick Cooper, a married couple, are the fee owners of real property legally described as follows:
Lot 53 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of
Jefferson County, Washington; Q. David Michael Paul Ellis and Arcella Ellis, a married couple, are the fee owners of real property legally described as follows:
Lot 54 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington; R. James B. Morrison Family LLC, a Washington limited liability company, is the fee
owner of real property legally described as follows:
Lots 46 and 56 of Termination Point, as per plat recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington;
S. The real properties legally described in Recitals A-R, inclusive, are hereafter collectively
“Grantees’ Properties”. The real properties legally described in Recitals A and B are hereafter collectively “Grantor’s Properties”. T. Grantors desire to establish an easement and covenant for access over a portion of
Grantors’ Properties for the benefit of Grantees’ Properties on the following terms and conditions.
Agreement
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NOW, THEREFORE, for good and valuable consideration and the mutual covenants contained herein, Grantors hereby grant, convey, covenant, stipulate and declare as follows:
1. Grant of Easement and Covenant. Grantors hereby grants, covenants and conveys to Grantees, and their heirs, successors and assigns, for the benefit of Grantees’ Properties, a non-exclusive perpetual easement and covenant for the purposes described in Section 2 hereof, over, under, across and through the area described in Exhibit A attached hereto and incorporated by this
reference (the “Easement”). A map depicting the Easement is attached as Exhibit B hereto and
incorporated by this reference. 2. Scope of Easement. The Easement is a perpetual, non-exclusive easement and covenant for ingress, egress, and access, serving Grantees’ Property.
3. Binding on Successors. This Agreement constitutes covenants running with the land described above and shall be binding upon and inure to the benefit of the respective owners, heirs, successors and assigns of said land.
Grantors:
TERMINATION POINT PROPERTIES, LLC
_____________________________ By: Its:
TERMINATION POINT HOMEOWNERS ASSOCIATION
_____________________________
By:
Its:
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STATE OF WASHINGTON ) ) ss.
COUNTY OF ______________ )
On this day personally appeared before me _____________________ to me known to be the __________________ of Termination Point Properties, LLC that executed the within foregoing instrument, and acknowledged that he/she signed the same as the voluntary act and deed
of the limited liability company, for the purposes therein mentioned, and on oath stated that he/she
is authorized to execute the said instrument. DATED:________________, 2022
__________________________________
NOTARY PUBLIC for the
State of __________________, residing at ________________________________ My appointment expires: ____________
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON ) On this day personally appeared before me _____________________ to me known to be the President of Termination Point Homeowners Association that executed the within foregoing
instrument, and acknowledged that he/she signed the same as the voluntary act and deed of the
limited liability company, for the purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument.
DATED:________________, 2022
__________________________________
NOTARY PUBLIC for the State of __________________, residing at ________________________________ My appointment expires: ____________
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Exhibit A
Easement Area
The west and north 30 feet of Ricky Beach Drive from Shine Road to the boundary of Lots 8 and 41, Plat of Termination Point, as recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington.
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Exhibit B