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HomeMy WebLinkAboutRecorded Easement Agreement - PLN General - 1/18/2024 2206618 Mason County WA 01/1 812024 03:48:28 PM EASMT eRecorded #194266 RecFee: $307.50 Pages: 5 JOHNSON After recording return to: Robert W.Johnson PLLC AFFIDAVIT P.O.Box 1400 No REETA Shelton,WA 98594 WA R.E. EXCISE TAX Jan 18 2024 EXEMPT LISA FRAZIER Treasurer Mason County EASEMENT AGREEMENT RECORDING INFORMATION Grantor. Til cum Beach,Inc.,a Washington non-profit corporation. Grantees:John D.Stewart,Jr.andtt=rM�Stewart,husband and wife Abbreviated Legal Description: T►� Parcel 1: Til cum Beach Community Recreation Area Ex TR A Parcel 2: Til ccun Beach Lot L: 1 N1/2 Parcel Nos. 42226-50-00906 42226-50-00001 THIS EASMENT AGREEMENT("Agreement's is made and entered into this_! day of e�nrais 9"2024, by and between Til)icum Beach, Inc., a Washington non-profit corporation, ("G ,o,�rr' ,�'hose address is P.O. Box 387, Shelton, Washington 9859 John D. Stewart,Jr.and 26*10.Stewart,husband and wife,("Grantee'D,whose address is& N.Tillicum Beach Lane., Shelton,Washington 58 59. I. RECITALS 1.1 Grantor is the owner of the following described real property situated in Mason County,Washington,which will hereinafter be referred to as"Community Area": TA cum Beach Community Recreation Area EX TR A as shown on the Plat of Till cum Beach, Volume 5 of Plats,page 86,records of Mason County,Washington, Parcel No.42226-50-00906 1.2 Grantees are the owners of the following described real property situated in Mason County,Washington,which will hereinafter be referred to as"Lot 1": The Northerly Half(Nly'%)of Lot l Plat of Til cum Beach,Volume 5 of Plats,page 86,records of Mason County,Washington. Parcel No.42226-50-00001 1.3 Grantor desired to grant to Grantees sufficient easement rights to utilize a portion of Community Area to locate a septic tank together with the right to transport material to the community drain field and to accommodate fire protection and setback requirements on Grantee's home located on the property for fire separation. 1.4 The Parties hereto desire to set forth their understanding and Agreement for the future use,maintenance and termination of the septic tank and transport line. H. CONVEYANCE OF EASEMENT 2.1 Grantor hereby grants, conveys and quite claims to Grantees, subject to the reservations,restrictions and to full compliance with each and all of the terms and conditions herein contained, a perpetual non-exclusive easement for septic tank purposes,transport lines and fire separation and residential setback purposes over,under and across the following described real property situated in the County of Mason, State of Washington: A portion of the Community Area approximately 26'by 30' feet to locate a septic tank to be located adjacent and North boundary line of Lot 1 and a setback easement the location of which is shown on Exhibit"A"attached hereto and incorporated by this reference. 2.2 The easements shall be for the benefit of Lot 1. M. TERMS AND CONDITIONS OF GRANT 3.1 Maintenance.Grantees shall have the right and obligation to maintain the septic tank and easement area by any prudent and reasonable means and contribute to the maintenance, repair and/or replacement of the existing community drain field,to the extent that such activities do not unreasonably interfere with the Grantor's use of the property. 3.2 Use of Easement Area by Grantor.Grantor reserve for itself,its pennittees, contractors,successors and assigns,the right to use,cross and recross the Easement Area at any time and at any place for all purposes deemed necessary or desirable to Grantor,not inconsistent with the rights herein granted,provided no structures shall be constructed over,upon or under said septic tank. 3.3 Hazardous Substance.Grantees shall not dispose of or otherwise allow the release of any hazardous waste or materials in,on or under the Basement Area or any adjacent property by its themselves,their agents,employees and invitees.As used herein,the term "hazardous waste or materials" Includes any substance,waste or material defined or designated as hazardous,toxic or dangerous(or any similar term) by any federal,state or local statute,regulation,rule or ordinance now or hereafter in effect. Grantees shall promptly comply with all laws,statutes,regulations and ordinances,and with all orders,decrees or judgments of governmental authorities or courts having jurisdiction,relating to the use,collection,treatment,disposal,storage, control,removal or cleanup of hazardous waste or materials in,on or under the Easement Area or any adjacent property.Grantees represent that they have no knowledge that its proposed operations on or use of the Easement Area fails or will 2 2206618 Page 2 of 5 01/18/2024 03:48:28 PM Mason County, WA fail to comply with any such laws or orders. Grantees shall immediately notify Grantor if Grantees becomes aware of the release of any hazardous waste or materials on the Easement Area or adjacent property or becomes aware of any other environmental problem on the Easement Area.Grantees shall be responsible for all costs and expenses relating to the cleanup of hazardous waste or materials from the Easement Area or adjacent property for any contamination or release of any hazardous waste or materials arising out of its operations or any other act or omission of Grantee or its agents or employees. 3.4 Indemnity.Grantees agrees to indemnify and hold harmless Grantor,its members, agents,guests and assigns,from and against any expenses and liabilities(including without limitation,employee time and expense and attorneys'fees expended in defending against such claims)attributable to bodily injury, sickness,disease or death,or to damage to or destruction of property and the loss of use thereof arising out of or occurring in connection with the use of the Easement Area incurred by Grantees or Grantees' agents,employees invitees,assigns,visitors or anyone for whose act Grantee may otherwise be liable. 3.5 Successors and Assigns.The rights and obligations herein run with the land and Grantees shall have the right to assign,apportion or otherwise transfer any or all of its rights,benefits,privileges and interests arising in and under this easement.Without limiting the generality of the foregoing,the rights and obligations of the parties shall inure to the benefit of,and be binding upon, their respective successors and assigns. 3.6 Entire Agreement.This Agreement represents the entire agreement of the parties on the subject matter. This Agreement shall be governed by the laws of the State of Washington.This Agreement and the easement created hereby and covenants contained herein shall not be modified or amended except by written instrument signed by the record owners of the Property and recorded in the real property records where the Property is located. 3.7 Attorney fees.In the event that this Agreement or any obligation owing hereunder is referred to an attorney for enforcement,the defaulting party agrees to pay the non- defaulting party's(or in the event of a court action,the substantially prevailing party's)reasonable attorneys'fees,including,without limitation,fees incurred in trial and on appeal,and in any bankruptcy proceeding to obtain relief from stay or take other action to protect or enforce its rights and remedies hereunder,any fees incurred without suit,the expense of any title searches,and all court costs. 3.8 Notices.Any notice required to be given under the provisions of this Agreement shall be in writing and mailed by United States certified mail,return receipt requested, postage prepaid, and addressed to the respective party at its address set forth the first paragraph of this Agreement or at such other address as a party specifies by'..D days written notice to the other party.Notice under this Agreement may also be given by personal delivery to a party. W ITN ES W HEREOJwe have hereunto set our hands and seals this t! Z-Vy, day of 2024- 3 2206618 Page 3 of 5 01/18/2024 03:48:28 PM Mason County, WA GRANTO Til ' Beach,Inc. (� CBy- c'm 24 NTEES: J n D. art,Jr. '�M. S wart 7 acy STATE OF WASHINGTON) : ss. COUNTY OF MASON ) I certify that I know or have satisfactory evidence that M'IC bY,(0,1 �p.��is rl{of Tillicum Beach,Inc.,who appeared before me,and said persons acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledge it to be their free and voluntary act of Tillicum Beach,Inc.,for the uses and purposes mentioned in this instrument. Dated: S Notary gn e ELIZABETH JOHNSON It Notary Public Notary name printed'ortyped State of Washington Notary Public in and for the License Number 163269 My Commission Expires State of Washington January 15, 2025 Residing at r My appointment expires: r5 Z 4 2206618 Page 4 of 5 01/18/2024 03:48:28 PM Mason County, WA O L r � c- z r_ Z � c � p X c � J r 2206618 Page 5 of 5 01/18/2024 03:48:28 PM Mason County, WA January 5, 2024 OUTLEY Engineering Report: 2022.225A � Client: John Stewart Site: 88 N Tillicum Beach LN Shelton WA 98584 Plan Name: Stewart Residence Regarding: Adjusted Door Request for Support To Whom It May Concern, I have provided the lateral & gravity load engineering for the Stewart Residence being built by John Stewart located at 88 N Tillicum Beach LN Shelton WA 98584. At the request of the builder I have reviewed a plan modification of adjusting the 2868 door located between the garage and residence 30" to the west (plan orientation with north being top of page). See mark up below of area in question. L-----------------J l7 Mon m� , x itrtEt� rwt KNU REcur� Provided the holdowns originally specified have been adjusted to align with the new shear wall extents this revision does not adversely impact my original lateral and gravity load engineering. Please refer to original engineering for shear wall nailing type and holdown / anchorage. Please contact Jesse Routley with Routley Engineering with any additional questions in regards to this report. Jesse R. Routley 1.5.2024 2022.225A This report is the professional opinion of the Engineer and is not intended to allow the builder to disregard Code requirements,change agreements with the owner,or perform work outside the approved permit. Any schedule or cost impact is the responsibility of the builder and/or owner. This report does not allow changes to the approved plans-it addresses the impact of the proposed alternate methods to the engineering only. The Building Inspector,not the engineer, has the authority to allow field changes,alternate methods,and fixes to the approved plans. The engineer provides an opinion only and not the authority.