HomeMy WebLinkAboutGrant of Easement - PLN General - 11/13/1997 GRANT OF EASEMENT
THIS GRANT OF EASEMENT ("Agreement") is made and entered into this
day of , 1999, by and between Allen& Lynell Shearer(hereinafter referred
to as the "Grantor"), and_Nextel West Corp. , a Washington corporation,
d.b.a. Nextel Communications, whose address is 1750 112`h Avenue N.E., Suite C-100, Bellevue,
WA 98004 (hereinafter referred to as"Grantee").
The terms "Grantor" and"Grantee", as used herein, shall include their respective assigns, grantees,
employees, agents, officers, contractors, invitees, and successors.
RECITALS
A. Grantor is the owner of that real property located in Mason County,
State of Washin ton , and which is more particularly described on Exhibit A
attached hereto and incorporated herein("Servient Parcel").
B. Grantor is willing to grant Grantee a setback easement from the Servient Parcel for
use by Grantee in connection with Grantee's operation and maintenance of a communications
facility, located on a parcel adjoining the Servient Parcel ("Dominant Parcel"), pursuant to that
certain lease agreement dated _November 131h, 1997 , by and between Allen& Lynell
Shearer as Lessor and Grantee as Lessee, in such location upon the Servient Parcel as
described in Exhibit B attached hereto and incorporated herein by reference (hereinafter referred to
as "Easement Area").
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Grantor has this date bargained, conveyed, delivered, transferred, and sold, and by
these presents, does bargain, convey, deliver, and transfer unto the Grantee a non-exclusive setback
easement in the Easement Area for ingress, egress and access twenty-four(24) hours a day, seven(7)
days a week to and from the Dominant Parcel.
2. Grantor acknowledges that a Memorandum of Easement in the form annexed hereto
as Exhibit C will be recorded by Grantee in the official records of the County where the Servient
Parcel is located.
3. This Agreement shall be terminable at Grantee's discretion upon delivery to Grantor
of a Notice of Termination of Easement, in recordable form. Upon obtaining an order terminating
Grantee's rights herein, Grantor may at such time record a Notice of Easement Termination,
whereupon all rights and obligations created hereunder, shall terminate.
4. Grantor shall not use or occupy the Easement Area in any manner,which interferes
with Grantee's full enjoyment of the rights hereby granted.
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 I
5. Grantee has the right(but not the obligation)to maintain the Easement Area; trim or
remove trees, shrubbery, and other vegetation; and remove snow,trash, and obstructions thereon.
6. Any liability for personal injury to Grantee or any third persons directly relating to
the use or occupancy of the Easement Area by Grantee shall be borne by Grantee.
7. If any action at law or in equity is necessary to enforce the terms of this Agreement,
the prevailing party will be entitled to reasonable attorney, accountant and other professional fees,
costs and expenses in addition to any other relief to which such prevailing party may be entitled.
8. The benefits and obligations of this Agreement shall be a covenant running with the
g g g
land and shall inure to and be binding upon the successors, assigns and heirs of the parties.
9. Any notice or demand required to be given herein shall be made by certified or
registered mail, return receipt requested, or reliable overnight courier to the address of the respective
parties set forth below.
Grantor: Allen and Lynell Shearer Grantee: Nextel West Corp.
NE 350 Mast Rd. 1750 112th Ave NE, Suite C-100
Belfair, WA 98528 Bellevue, WA 98004
Attn. Property Manager
With a copy to: With a copy to:
Nextel West Corp.
1750 112"Ave NE, Suite C-100
Bellevue, WA 98004
Attn. System Development
Nextel Communications, Inc.
1505 Farm Credit Drive
McLean, Virginia 22102
Attn: Legal Dept- Contract Manager
Grantor or Grantee may from time to time designate any other address for this purpose by
written notice to the other party.
10. If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
11. This Agreement shall be governed by the laws of the State of Washington
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
GRANTOR: GRANTEE:
By: By:
Title: Title
Tax ID
[Observe requirements for witnesses/acknowledgments of the state where the property is
located.]
STATE OF )
ss.
COUNTY OF )
Subscribed, sworn to and acknowledged before me this days of
, 1999, by
Witness my hand and official seal.
My commission expires:
(Seal)
Notary Public
Address
STATE OF )
ss.
COUNTY OF )
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 3
Subscribed, sworn to and acknowledged before me this days of
, 1999, by
Witness my hand and official seal.
My commission expires:
(Seal)
Notary Public
Address
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 4
EXHIBIT A
DESCRIPTION OF SERVIENT PARCEL
to the Grant of Easement dated , 1999 , by and between Allen
& Lynell Shearer as Grantor, and Nextel West Corp dba Nextel
Communications , as Grantee.
The Land is described and/or depicted as follows (metes and bounds description):
Tract 3 of Survey 4, p.79
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 5
EXHIBIT B
DESCRIPTION OF EASEMENT AREA
to the Grant of Easement dated , 1999_, by and between Allen
& Lynell Shearer_, as Grantor, and Nextel West Corp._dba Nextel
Communications , as Grantee.
The Premises are described and/or depicted as follows:
SEE ATTACHED.
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 6
EXHIBIT "B"
135' MONOPOLE SETBACK I
I
PARCEL # 12330-76=-00030 I
PROPOSED 50'x5O' LEASE
AREA; SEE SHEET 2 I 0'-0" 347'-7"t
+i
0
I
PROPOSED 20' WIDE -- _ __ _ _ PROPERTY LINE
ACCESS do UTILITY EASEMENT I -jz
�I o I
I I I
LLJ
o I
I
z
J I
I PARCEL # 12330-76-00060LLJ
I
°Rpp ZONED RURAL AREA o
FRS' a
i
-`� SINE
PROPERTY
y
N �
0' 25' 50' Ito 200' /
7 7 7/7/ /
NOTES: SITE PLAN - 1 OF 3 SITE NUMBER: WA0167-1
1) PLAN N IS A GRAPHIC
REPRESENTATION OF LEASE AREA. NEXTEL COMMUNICATIONS DATE: OCTOBER 21 , 97
2) THIS "EXHIBIT B" MAY BE AMENDED OR BELFAIR / SHEARER REV: (5) SEPTEMBER 18, 98
ADDED TO AT ANY TIME. N.E. 350 MAST RD. BELFAIR, WASHINGTON
EXHIBIT C
MEMORANDUM OF EASEMENT
CLERK: Please return this document to:
This Memorandum of Easement is entered into on this day of ,
1999_, by and between Allen & L nell Shearer , (hereinafter referred to
as "Grantor") and Nextel West Corp._dba Nextel Communications , a Delaware
corporation with an office at 1505 Farm Credit Drive, McLean, VA 22102 , (hereinafter
referred to as "Grantee").
1. Grantor and Grantee entered into a Grant of Setback Easement("Easement") on the
day of 1999_, for the purpose of conveying to Grantee a nonexclusive
setback easement over and across land owned by Grantor for use by Grantee in
connection with the operation and maintenance of a radio communications facility and
other improvements. All of the foregoing are set forth in the Easement.
2. The term of the Easement will run coterminously with the term of the Lease Agreement
(the "Term"), dated November 13', 1997 , between Allen & Lynell
Shearer as Lessor and Nextel West Corp._dba Nextel
Communications , as Lessee, a copy of which is annexed hereto as
Exhibit 1. This Easement shall automatically be extended for any renewal term(s)
provided for in the Lease Agreement.
3. The land which is the subject of the Easement is described in Exhibit A annexed hereto.
The portion of the land being conveyed to Grantee (the "Easement Area") is described in
Exhibit B annexed hereto.
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 7
IN WITNESS WHEREOF, the parties have executed this Memorandum of Easement as of
the day and year first above written.
GRANTOR: GRANTEE:
By: By:
Name: Name:
Title: Title:
Date: Date:
STATE OF
COUNTY OF
On , before me, , Notary Public, personally
appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
STATE OF
w:\legal\legal_ru\lsefrms.ste\easement\05/25/99 g
COUNTY OF
On before me, Notary Public,
personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument, the person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
w:\legal\legal_ruUsefrms.ste\easement\05/25/99 9