HomeMy WebLinkAboutTermination of Easement - PLN General - 3/15/2005 i hereby cc this;3
t ue and ar•copy,
Return to:
Gary Jonah
523 Malibu Dr.
Lacey, WA 98503
Grantor: (1 ) Gary Jonah (2) Susan Gaudet (3) Robert E. V. Black (4)
Nancy J. Black
Grantee: Same
Abbreviated Legal: Lts. 1 , 2, 3 & 4 of SS 2685 & Lts. A, B, C. & D of
SS 2438 and Lts. 1 , 2, 3 & 4 of SS 2446, ptn of NW '/4 SE '/4, 34-21-3
Parcel No: 32134 42 90009, 90010, 90011 , & 90012. 90031 , 90032,
90033, 90034, 90041 , 90042, 90043 and 90044.
TERMINATION OF EASEMENT
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This document is made this day of March 2005, by Gary
Jonah, a single man, and Susan Gaudet, a single woman, hereinafter
referred to as JONAH and GAUDET, and Robert E. V. Black and
Nancy J. Black, husband and wife, hereinafter referred to as BLACK,
for the purpose of terminating an easement over the following
described property:
LAND AFFECTED
Parcel 1
Lot one (1 ), two (2), three (3) and four (4) of Short Subdivision No.
2685, recorded January 16, 1996, in Volume 1 of Short Plats, page
92, Auditor's File No. 620550, and being a portion of the Northwest
quarter (NW '/4) of the Southeast quarter (SE '/4) of Section thirtyfour
(34), Township twentyone (21 ) North, Range three (3) West, W.M.,
Mason County, Washington.
Parcel 2
Lots A, B, C & D of Short Subdivision No. 2438, recorded May 23,
1994, under Mason County Auditor's File No. 588295, and being a
portion of the Northwest quarter (NW '/4) of the Southeast quarter (SE
/4) of Section thirtyfour (34), Township twentyone (21 ) North, Range
three (3) West, W.M., Mason County, Washington.
Parcel 3
Lots one (1 ), two (2), three (3) and four (4), Short Subdivision No.
2446, recorded June 15, '1994, under Mason County Auditor's File
No. 589693 and being a portion of the Northwest quarter (NW '/4) of
the Southeast quarter (SE '/4) of Section thirtyfour (34), Township
twentyone (21 ) North, Range three (3) West, W.M., Mason County,
Washington.
EASEMENT DEFINED
There is an easement for ingress, egress, drainage and utilities over
the South thirty (30) feet of Short Plat (Map) No. 662, recorded under
Auditor's File No. 370295, it is also shown on the Boundary Line
Adjustment Map No. 93-79, and Short Plats Nos. 2438, 2446 and
2685.
PURPOSE
Whereas BLACK acquired Lots one (1 ), two (2), three (3) and four (4)
of Short Subdivision No. 2685, from the original developer of Short
Subdivision No, 2685. BLACK sold Lot four (4) to JONAH and
GAUDET by deed recorded under Auditor's File No. 1831402.
These conveyance deeds disclose that the South thirty (30) feet of
the Lot four (4) of Short Subdivision No. 2685 is encumbered by the
road and utility easement defined above (EASEMENT DEFINED).
BLACK, JONAH and GAUDET agree that this easement over the
South thirty (30) feet of Lot four (4) of Short Subdivision No. 2685
serves no useful purpose for any of the lots within the Short
Subdivisions 2438, 2446 and 2685. During the time of BLACK'S
ownership of the Lot four (4), as well as Lots one (1 ) two (2) and
three (3) of Short Subdivision No. 2685, BLACK has not been in
communication, either verbally or in writing, with any of the adjoining
property owners requesting to use the South thirty (30) feet of Lot 4
or Lot 3 for ingress, egress, drainage and/or utilities purposes.
Furthermore, BLACK believes that the original developer may have
retained the right to use this South thirty (30) feet in the event the
developer later purchased and subdivided the land adjoining on the
West, which required access through the South thirty (30) feet of said
Lots 3 and 4.
Research of the record title to the Lots 10A, 10B, 10C and 10D of
Short Subdivision No. 2659, recorded under Auditor's File No.
616761 and 616762, which adjoin Lots 3 and 4 of Short Subdivision
No. 2685 on the South, and the land adjoining said Lot four (4) on the
West owned by Collin G. Orr and Bonne Day Orr, husband and wife,
does not reveal that any of these properties have a recorded right to
use the South thirty (30) feet of Lots three (3) and four (4) of Short
Subdivision No. 2685, for ingress, egress, drainage and/or utility
purposes. As a result, JONAH, GAUDET and BLACK desire that the
easement over the South thirty (30) feet of Lot 4 of Short Subdivision
No. 2685 be terminated of record.
TERMINATION OF EASEMENT
BLACK, JONAH and GAUDET, hereby terminate, extinguish, and
remove from the record title the easement over the South thirty (30)
feet of Lot four (4) of Short Subdivision No. 2685, which was recorded
in Volume 1 of Short Plats, page 92, under Auditor's File No. 620550.
The effect of this Termination of Easement shall effectively clear the
record title to the South thirty (30) feet said Lot four (4), which shall
no longer be encumbered with such an easement for ingress, egress,
drainage and/or utilities.
APPURTENANT WITH THE TITLE
This Termination of Easement shall run with the title to Lot 4 of Short
Subdivision No. 2685, become appurtenant thereto, and be binding
on the heirs, representatives, successors and or assigns of BLACK,
JQNAH and GAUIDET.
Lao"'(�- Y4�
Gary Jo U Susan Gaudet
IL
Robert E. V. Black N cy J. Black
STATE OF WASHINGTON }
) SS.
COUNTY OF MASON )
On this o13 day of March 2005, before me, the undersigned Notary
Public in and for the State of Washington, personally appeared Gary
Jonah & Susan Gaudet to me known to be the individuals described
in and who executed the foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal hereto affixed the day and
year first above written.
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Name: Davi c. B� ey
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NOTANV Notary Public in and for the tate o
—•— Washington, Residing in:
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My appointment expires: �p
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STATE OF WASHINGTON }
COUNTY 017-1 )
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On this 15 day of March 2005, before me, the undersigned Notary
Public in and for the State of Washington, personally appeared
Robert E. V. Black and Nancy J. Black to me known to be the
individuals described in and who executed the foregoing instrument,
and acknowledged that they signed the same as their free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal hereto affixed the day and
year first above written.
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PAL EYE ''itI
:;���� Name: P
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Notary N t
Public in and for the S ate of
Washington, Residing in: Pt eflCC
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