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HomeMy WebLinkAboutSecret Garden Cottages Homeowners Association - Easement Permitting Encroachment562826 PGS:3 EASE 10113/2011 09:26 AM $64.00 DAVID SCHROEDER Jefferson County WA Auditor's Office - Donna Eldridge, Auditor 1111171 M&WA WNt 19, WIM RLH 11111 Reference #: N/A Grantor: Secret Garden Cottages Homeowners Association, a Washington nonprofit corporation and Secret Garden LLC, a Washington limited liability company Grantees: David H. Schroeder and Margaret D. McGee, husband and wife Legal Description.- A portion of the East 5 feet of Lot "A" Commons, as set forth in Secret Garden Cottages, a Binding Site Plan, recorded July 24, 2009, under Auditor's File Number 545250, records of Jefferson County, State of Washington., Subject to the delineation set forth in Attachment 1, hereto. Assessor's Property Tax Parcel/Account#: ....... ....... / ... ...... ....................................... For and in consideration of the mutual covenants herein, and other valuable consideration, the receipt of which is hereby acknowledged, SECRET GARDEN COTTAGES HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation, and SECRET GARDEN, LLC, a Washington limited liability company, Grantors herein, grant, convey, and wan-ant to the Grantees, herein, for the purposes hereinafter set forth, a perpetual easement across and over the following described real property, (the Property herein), located in Jefferson County, Washington: A portion of the East 5 feet of Lot "A" Commons, as set forth in Secret Garden Cottages, a Binding Site Plan, recorded July 24, 2009, under Auditor's File Number 545250, records of Jefferson County, State of Washington., Subject to the delineation set forth in Attachment 1, hereto. Except as may be otherwise set forth herein, Grantees' rights shall be exercised upon that portion of the Property described in Attachment 1, hereto, incorporated herein by this reference as if fully set forth. Purpose. Grantees shall have the right to enter upon and over the easement granted herein for the following purposes: PAGE 1 The construction, use, and maintenance of a window well, attached to the Grantees' residence, which residence occupies Unit 5, Secret Garden Cottages, a Condominium recorded in Volume 3 of Condominiums, pages 24 and 25, according to the declaration thereof, recorded under Jefferson County Recording No. 545252, and any amendments thereto. Term of Easement. The rights herein granted shall continue in perpetuity and shall run with, and encumber perpetually, the Property affected. Release, Hold Harmless, Indemnification. Grantees agree to release, hold harmless, indemnify, and defend Grantors, Grantors' agents, employees, contractors, sub-contractors, guests or invitees, from and against any claims, to person or property, by any party, arising out the use of the Easement by Grantees, Grantees' agents, employees, contractors, sub-contractors, guests or invitees. Agents, Employees, Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective agents, employees, successors and assigns. Jurisdiction, Venue, Attorney's Fees and Costs. This Easement and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Washington. The Parties herein agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Jefferson County, State of Washington. In the event that litigation results from or arises out of subject matter of this Easement, or the performance or operation of any of its terms, conditions, covenants, and restrictions, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. Entire Agreement. This Easement represents the entire agreement of the parties with respect to the subject matter, terms, conditions, covenants, and restrictions set forth herein. Any modification to this Easement must be in writing and signed by all parties hereto. 'i Dated this A'_ day of .'Or-A .......................... 20./L Secret ners' Association, Grantor by . ............... President ...... ............... Secret Gard Co tages, LLC, Grantor by... . ........................................ Manager .................... . ......... a . ..... 11. Schroeder, Grantee .... ...... Margaret McGee, Grantee LIZA 4113 STATE OF WASHINGTON) COUNTY OF JEFFERSTV b&P, ON) ss INA 06 On thi%day ofp, 2Qff, before me, the undersigned, a Notary Pub in ano for the state of Washington, duly commissioned and sworn, personally appeared ....... �k iB .•.•...•......•...........• ....... "", .... *— ... * ................ to me known to be the President of the Corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Corporation, for the uses and purposes therein mentioned, and who stated and co ed that he or she executed the within and forgoing instrument pursuant to capacity auth city, granted him or her by the said Corporation to so act on its behalf. GIVEN under my hand and official se this .... .. ay 0 ... 20.. .. ......... ........ .. . ......... ................ No u c 'ft)ndqor,1be-Statq, of W it residing at .. ..... .45, My Commission expires: ....... STATE OF WASHINGTON) COUNTY OF JEFFERSON) ss On thi da))�o£, 20/1, before me, the undersigned, a Notary liq i�no for t Washing on, duly commissioned and sworn, personally IT. I &A. j� —�i ...... to me known to be a Manager of the Company who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and who stated and confirmed that he or she executed the within and forgoin - ursuant to capacity and authority, granted him or her by the said Limited Lliabili Co *o so ct its beh alf. GIVEN under my hand and official s al t d o 0, ..... ......... . . . ......................... ...................... blic and N Athe State of Was ton IJ residing at: I . .. .... ........ M y Commission expires: ....... STATE OF WASHINGTON) COUNTY OF JEFF RSON ) ss On thisAday/, of/,, 20) 1, before me, the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared David H. Schroeder and Margaret D. McGee, to me known to be the indivi s who executed the within and foregoing instrument, and acknowledged the said instrume to be h ir free an voluntary act and deed for the uses and purposes therein mentioned. . ... c.i7 s� s dAy of JJ�Jk 20.1 GIVEN under my hand and offii is h T .............................. .v Pu"bl1Q'W' at4 forme S N6o y to of Wasl,'nTr residing at: .my Commission expires: PAGE 3