HomeMy WebLinkAboutMacMillan, Catharine G. Easement and Maintenance Agreement1`t:n " in .r um-tQ:
Skyler B. Gunderson
Demco Law Firm, P.S.
5224 Wilson Ave S, Ste. 200
Seattle, WA 98118
651819 CGS: 5 MULTI
02/17/2022 12:12 PM $411.00 JANE STEPHENS
Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor
■III Pli i w lAV Awl Ln kUldINYW,1I II
NO REAL ESTATE
EXC_ISF TAX REQUIRED
JEFFERSON COUNTY TREASURER
By:
EASEMENT AND MAINTENANCE AGREEMENT
Grantor: Catharine G. MacMillan
Q�I;Ip eq: Jane A. Stephens and James W. Van Bemmel
ptaon f
THE WEST 80 FEET OF LOTS 1 AND 3, BLOCK 9 OF PLUMMER'S ADDITION TO
THE CITY OF PORT TOWNSEND, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 1 OF PLATS, PAGE 34, RECORDS OF JEFFERSON
COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
Tax Parcel Numbers: 988800903
1' p ftAddre, „ : 632 Lincoln St., Port Townsend, WA 98368
Lj j)gs rjptjgtj.(jf (ira . '..Prrap! arty... ``Donaair rt Estate':
THE WESTERLY 50 FEET OF LOTS 1 AND 3, BLOCK 9, PLUMMER'S ADDITION
TO THE CITY OF PORT TOWNSEND, AS PER PLAT RECORDED IN VOLUME 1
OF PLATS, PAGE 34, RECORDS OF JEFFERSON COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
Tax Parcel Number: 988800902
Llrgp'rt e clr 640 Lincoln St, Port Townsend, WA 98368
Easement and Maintenance Agreement
Page I of 5
EASEMENT AND MAINTENANCE AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made by and between Catharine
G. MacMillan ("Grantor") and Jane A. Stephens and James W. Van Bemmel ("Grantee")
(collectively the "Parties").
RECITALS
A. As of the date of execution of this instrument, Grantor is the sole owner of the real
property above -described as the Servient Estate.
B. As of the date of execution of this instrument, Grantee is the sole owner of the real
property above -described as the Dominant Estate.
C. A shared property line exists between northeasterly boundary of the Dominant Estate
and the southwesterly boundary of the Servient Estate (the "Property Line"). Certain
improvements of the Dominant Estate, including a portion of the garage is located 12
to 19.2 inches east of the Property Line and onto the Servient Estate (the
"Improvements").
D. The Grantor desires to grant certain appurtenant easement rights to Grantee to
accommodate the location of and access to the Improvements located 12 to 19.2 inches
east of the Property Line and extending approximately 32.3 feet parallel to the Property
Line (the "Easement Area") for the exclusive use by the Dominant Estate. By way of
illustration only, Exhibit A is provided as reference for the Easement Area.
Now, therefore, in consideration of the mutual covenants and conditions set forth below,
the parties agree as follows.
EASEMENT
1. rantm,_Qf , g at. Grantor hereby grants to Grantee an exclusive, perpetual easement over,
across, and through the Easement Area located on the Servient Estate (the "Easement"),
subject to the terms and conditions set forth in this Agreement, and Grantee accepts such
Easement subject to the terms set forth herein. The Easement shall be appurtenant to and for
the benefit of the Dominant Estate. The Easement shall be an encumbrance on the Servient
Estate.
2. PurlLose p,LLA; � The purpose of the Easement is to provide Grantee with exclusive use
of the Easement Area for the purpose of use of the Improvements, ingress/egress to the
Improvements, and for the purpose of landscaping, maintaining, and/or repairing the existing
Improvements and/or the Easement Area. The Easement shall be used for no other purpose.
Grantee is not permitted to construct additional improvements in the Easement Area. Grantee
may not cause or allow any illegal activity or nuisance within the Easement Area. Neither the
Grantor nor the Grantee intend that the grant of Easement herein made shall have any land use
purpose or effect.
Easement and Maintenance Agreement
Page 2 of 5
ll'.ajntenance. Grantee shall be fully responsible for the cost of all construction, maintenance,
repair, and upkeep of the Easement Area and/or the Improvements in the Easement Area.
Grantee shall not allow the Easement Area or any portion thereof to become materially
hazardous to the Servient Estate. In the event Grantee fails to maintain the Easement Area in
accordance with this provision, then Grantor may deliver written Notice (see "Notices"
provision below) to Grantee demanding that Grantee takes reasonable action to correct the
defective condition. If Grantee fails to act accordingly in a reasonable amount of time, then
Grantor may seek a court order allowing the Grantor to facilitate the correction of the defective
condition to a reasonably safe and stable state, and to hold liable Grantee for all costs of same,
including reasonable attorney fees. Grantor shall not unreasonably harm or cause loss to the
Dominant Estate in so doing.
4. Consideration and Waiver of Claims. Grantee agrees, in consideration of the mutual promises
herein made, that each hereby forever releases, waives, and relinquishes any claims for adverse
possession or prescriptive easement, or claims based on any similar boundary line adjustment
theory that may presently exist.
Biwndi g, attare; au ocss:qrs. This Agreement, and the benefits and burdens set forth herein,
shall run with the land of the Servient Estate and Dominant Estate and shall be binding upon
all successors, heirs, and assigns of the Grantor, the Grantee, and each of their successors,
heirs, and assigns. Any obligation or right placed upon Grantee or Grantor hereunder shall be
intended to apply to and benefit and burden each of them and their successors, heirs, and
assigns. The terms Grantor and Grantee shall include all successors, heirs, and assigns.
l d rtlnification. Grantee shall indemnify and hold Grantor harmless from any and all costs,
claims, damages, liabilities, loss, or exposure to the same ("Losses"), as such Losses may relate
to Grantor's grant of the Easement or Grantee's use of the Easement Area including use by
Grantee's guests, licensees, and invitees. This indemnity shall not extend to any such Losses
that arise from the negligence or intentional conduct of Grantor or Grantor's guests, licensees,
and invitees. The Losses shall include Grantor's reasonable attorney's fees and costs incurred
by Grantors in the defense of any such claim or incurred by Grantor by way of enforcement of
Grantee's indemnification obligation set forth herein.
7. C rd ary -p aerty i�lats and C lal gtt% on 1,p l . Nothing herein shall alter the obligation of
either Grantor or Grantee to adhere to all laws and regulations pertaining to their use and
enjoyment of each of their respective properties, except as otherwise expressly set forth herein.
Dis,ptltem.11 Resolution la e . ttorpey l eo«x. If Grantor or Grantee should bring a legal action (in
state, bankruptcy, or federal court), or commence an arbitration as may be permitted
jurisdictionally, if such action arises from this Agreement, or is brought to enforce any rights
of the parties under this Agreement, the substantially prevailing party in any such action shall
be entitled to an award of all litigation expenses and costs incurred, including reasonable
attorney fees, as well as the expenses of collection and any appeals.
plig ble Law. This Agreement shall be construed in accordance with and all disputes
hereunder shall be governed by the law of the State of Washington. The venue of any lawsuit
arising here from shall be Jefferson County Superior Court.
Easement and Maintenance Agreement
Page 3 of 5
10. SWqK �gµy,. If any provision of this Agreement should be determined by a court to be invalid
or unenforceable, the remainder of the Agreement shall remain in full force and effect to the
fullest extent possible.
11. Coto. All notices, consents, or demands required or permitted by this Agreement shall be
in writing and shall be deemed delivered only when either: (a) personally served upon the
party(ies) to whom it is directed; or (b) on the third day after being mailed registered or certified
mail, return receipt requested, postage prepaid, to the addresses set forth immediately
following the signatures of the parties hereto. A party may change its address for any such
notices by providing notice to the other party(ies) as required under this provision.
12 (ther Documents. Each party agrees that it will without further consideration execute and
deliver such other documents and take such other action as may be reasonably requested by
the other party to consummate more effectively the purposes or subject matter of this
Agreement.
GRANTOR: Catharine G. MacMillan
632 Lincoln Street, Port Townsend, WA 98368
w
c.
Catharine G, l acMillan
aµ�
Date
STATE OF.�
...............
COUNTY .
I certify that I know o have satisfactory evidence that Catharine G. MacMillan are the persons who appeared before me, and said persons
acknowledged that each ofthem signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned
in this instrument.
Notary lietm and fore ,
W.
Dated: w .;
Myappoi"tmrtwtcxpaiaet:,.—
Residing at
FDANIELLE
23
Easement and Maintenance Agreement
Page 4 of'S
GRANTEE: Jane A. Stephens and James W. Van Bernmel
640 Lincoln Street, Port Townsend, WA 98368
Ja A. Step ens
Ja ^ es Van Bernmel
Date
-Z.
Date
STATE OF
COUNTY OF _
I certify that I know or have satisfactory evidence that Jane A. Stephens and James W. Van Bemmcl are the persons who appeared before me, and
said persons acknowledged that each of them signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated:
N t4 y appointment
w.
cs 'iding at
DAWRIE MU"OE*
N(tary Ptlbk
State (If Washi"0011
MiSSjor, if .tass'
mrn ,
Co
My Com X P,res jkn 2,9 , 2023
Easement and Maintenance Agreement
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