HomeMy WebLinkAboutExhibit I - TPP-proposed Easement Lot 57 and Parcel 721022002 (draft)
EXHIBIT I
DRAFT EASEMENT
FOR LOT 57 &
TAX PARCEL 721022002
(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
ACCESS EASEMENT Grantor: Termination Point Properties, LLC
Grantees: Alfred B. Cooper; Francine S. Long; Michael S. Long; Brian P. Long; and Alison C. Jansson Abbrev. Legal Description: Lots 30-35, 57, Plat of Termination Point, Vol. 4, Page 25; Part
of Gov. Lot 1, Sec. 2, T27N, R1E, W.M. Tax Account Nos: 998600012, 998600018, and 721022002
This ACCESS EASEMENT AGREEMENT (the "Agreement") is made, declared, established, and entered into by and among Termination Point Properties, LLC, a Washington limited liability company, (“TPP”) Alfred B. Cooper; Francine S. Long; Michael S. Long; Brian P. Long; and Alison C. Jansson (collectively “Cooper Family”):
TPP acknowledges and agrees 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. TPP is the fee owner of real property legally described as follows: Lots 30 to 35, inclusive, Plat of Termination Point, as recorded in Volume 4 of Plats, page 25, records of Jefferson County, Washington.
(collectively “Grantor’s Properties”) B. The Cooper Family are the fee owners of real property legally described as follows:
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Lot 57, Plat of Termination Point, as recorded in Volume 4 of Plats, page 25, records of
Jefferson County, Washington;
(“Lot 57”) and
That portion of Government Lot 1 in Section 2, Township 27 North, Range 1 East, W.M., 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 88 degrees 19 feet 42 inches West, along the South line of said Lot 57, a distance of 100 feet; thence South 1 degree 39 feet 20 inches West to the Southerly boundary of said Government Lot 1; thence Easterly, along said Southerly boundary to a point which is South 1 degree 39 feet 20 inches West
from the point of beginning; thence North 1 degree 39 feet 20 inches East from
the point of beginning: (“Lot 72”)
(collectively “Grantee’s Properties”)
C. TPP desires to establish an access easement and covenant over a portion of Grantor’s Properties for the benefit of Grantee’s Properties on the following terms and conditions.
Agreement
NOW, THEREFORE, in consideration of Jefferson County’s vacating Ricky Beach Drive, Grantor hereby grants, conveys, covenants, stipulates and declares as follows:
1. Grant of Easement and Covenant. Grantor hereby grants, covenants and conveys to
Grantees, and their heirs, successors and assigns, for the benefit of Grantee’s Properties, a non-exclusive perpetual easement and covenant for the purposes described in Section 2 hereof, over, under, across and through the west 30 feet of Ricky Beach Drive, located on Grantor’s Properties, lying between the southwest corner of Lot 57 and Shine Road (the “Easement”). The term “Ricky
Beach Drive” shall mean the dimensions of Ricky Beach Drive, prior to any road vacation, as
shown on the Plat of Termination Point, recorded in Volume 4, Page 25, records of Jefferson County, Washington. 2. Scope of Easement. The Easement is a perpetual, non-exclusive easement and
covenant for ingress, egress, and access, serving Grantee’s Properties.
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3. Termination of Easement. If a public road is installed and dedicated in the future that provides equivalent or better access for Grantee’s Properties to Shine Road than the Easement,
then the Easement shall terminate.
4. No Duty to Maintain. The Grantee’s Properties shall not be responsible for the cost of maintaining the Easement.
5. Future Gate. Any owner having rights to the Easement, whether through this
Agreement or any other agreement, may install a gate at the Shine Road entrance to the Easement, provided that if such gate is locked, such owner that installs the lock shall provide other parties having rights to the Easement with the combination, key or similar mechanism to unlock the gate.
6. Contingency. This Agreement is contingent upon the vacation of Ricky Beach
Drive by Jefferson County. 7. 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.
Grantor:
TERMINATION POINT PROPERTIES, LLC
_____________________________ By: Its:
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: ____________