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Home My WebLink AboutEASEMENT AGREEMENT - OTH Recorded Documents - 2/19/2025 2221799 MASON CO WA 02/19/2025 09 53 AM ERSMT HEIDI PIKENS #206566 Rec Fee. $308.50 Pages 6 III!II IIIIII I I II I IIIIIII IIIII IIII II I fill III I I III I I II.II! Name and Return Address: A\Y.YS AFFIDAVIT r (�c S No Lexo WA R.E. EXCISE TAX (7 2 Kali P ( FEB 19 2025 Po , wG EXEMPT gb368 LISA FRAZIER Treas., Masan Cot '-'v Document Title(s) 1. oSe Nve (free VneY-v-\_ 2. Reference Numbers(s) of Documents Assigned or Released ADDITIONAL REFERENCE WS ON PAGE Grantor(s) 1. ANC r18 I; ber.\ o Ka Ve I cc) 2. ADDITIONAL GRANTORS ON PAGE Grantee(s) 1. D )S -i vm 2. ADDITIONAL GRANTEES ON PAGE Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter) CceGk_ - Bend A►,)CL r'cro,-* 4--cack-s ? LK 3 L_C i I' Lo '3 L4 C ADDITIONAL LEGAL IS ON PAGE Assessor's Property Tax Parcel/Account Number(s) Sm -9 3 0 I 3 O- ;-u ' 13OSc2ADDITIONAL PARCEL WS ON PAGE - 9° - ti3c53 --THE AUDITOR/RECORDER WILL RELY ON THE INFORMATION PROVIDED ON THIS FORM.THE STAFF WILL NOT READ THE DOCUMENT TO VERIFY THE ACCURACY OR COMPLETENESS OF THE INDEXING INFORMATION PROVIDED HEREIN. --- AFTER RECORDING RETURN TO: ADEPT LAW PLLC 1740 POTTERY AVENUE,STE 300 PORT ORCHARD,WA 98366 DOCUMENT TITLE: EASEMENT AGREEMENT GRANTORS: ARMAND AND KATHLEEN TIBERIO GRANTEE: DUSTIN THEOHARIS LEGAL DESCRIPTION: GREAT BEND WATERFRONT TRACTS BLK:3 LOT:A SP#2094(R)&TL PTN TR 39 LOT:B SP#2094(R)PTN TR 2-B OF SW SW LOT:C SP#2094(R) PTN TR 2-C OF SW SW ASSESSOR'S PROPERTY TAX PARCEL 32220-50-93051 NOS. 32220-50-93052 32220-50-93053 SITUS ADDRESS 17151 NE NORTH SHORE ROAD,TAHUYA,WA 98588 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, herein "Agreement", is made this 1 lo day of Jo vli/ , 2025, the "Effective Date", and is between DUSTIN THEOHARIS, a married ma6 as his separate property,the"Grantee"and ARMAND TIBERIO AND KATHLEEN TIBERIO, a married couple, the "Grantors". For and in consideration of the right to use Grantee's boat ramp set forth in a separate Easement Agreement the benefits derived by the Grantors herein and the good and valuable consideration receipt and sufficiency of which is hereby acknowledged, the Grantors do hereby grant, bargain, convey to the Grantee and its successors and assigns, a perpetual, nonexclusive easement for the right to transgress its three parcels of land for the purpose of putting in a septic drain field and reserves the location of said drain field for Grantee's future use. 1. Dominant Estate. Grantee is the owner of a tract of land in Mason County, Washington as of the effective date, which tract of land is subject to use of the easement herein granted. That tract of land is known as 17131 NE North Shore Road, Tahuya, WA 98588; Mason County parcel number 32220-50-03050, and is legally described on attached Exhibit A ("Dominant Estate"). 2. Servient Estate. Grantors are the owners of tracts of land in Mason County, Washington as of the effective date known as Mason County parcel numbers 32220-50-93051, 32220-50-93052, and 32220-50-93053, and legally described on attached Exhibit B ("Servient Estate"). 1 3. Grant of Easement. The Grantors hereby grant, convey and confirm to Grantee, together with its successors and assigns a five foot wide non-exclusive easement for a septic drain field and its system components and drain lines in the location depicted in Exhibit C ("Easement Area") all upon the specific terms and conditions that follow. Should it be necessary for the Grantee to enter onto the Easement Area for purposes of repairing the septic lines or maintaining the septic drain field,Grantee shall be responsible for restoring the property of the Grantors to the condition it was prior to replacing or repairing said septic system lines or septic field components or other system components. The property shall be restored to its prior condition within fourteen (14)days of completion of repairs and replacement. The Grantee shall not remove any vegetation in the Easement Area including but not limited to mechanical or chemical removal. All repairs shall be conducted at Grantors' expense. Further, the Grantor shall have the right to relocate the reserve drain field system components and drain lines, pending final approval from the County, and move it from its current location as depicted on Exhibit C, to a different location on the Servient Estate,at Grantor's expense. 4. Notice of Entry. Grantee shall give Grantors at least ten (10) days prior written notice of Grantee's intention to exercise its rights to use the Easement Area, and to enter the Easement Area for any purpose permitted under this Agreement. Upon receipt of notice from Grantee that Grantee intends to exercise his easement rights in the Easement Area, and prior to Grantee's exercise of those rights, Grantors shall have 45 days to determine whether they want to relocate the Easement Area to a different location on the Servient Estate, pending final approval from the County for such relocation. 5. Release of Interest. Grantee confirms to Grantors that it has no, right, title or interest in the Servient Estate other than the easement interest created by this Agreement. 6. Term of Agreement. The term of this grant of easement is a perpetual,nonexclusive easement for a septic reserve drain field and lines. 7. Purpose of Easement. This easement is to be used for the sole purpose of providing the Grantee, together with its successors and assigns, a non-exclusive easement for a septic drain field and its system components and drain lines as depicted in Exhibit C. 8. Reservations. Grantor reserves the right and privilege of using the Easement Area for all other purposes not inconsistent with the easement granted here. 9. Covenant Running With Land. This grant of easement shall be a covenant running with the land. 10. Heirs; Successors. This Easement Agreement is binding on the heirs, successors, personal representatives, guardians and assigns of the parties hereto. Effective the date and year specified above. [signatures and notaries on following pages] 2 GRANTEE: DUSTIN THEOHARIS STATE OF ARIZONA ) ) ss. COUNTY OF 1 lca ri'c_op i ) This is to certify that on this 2- day of Lk;nuca rl , 2025, before me,the undersigned Notary Public, personally appeared, DUSTIN THEOHARIS,to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . Mots Laon-Nears Signatu e Notary Public E "r.� Martoope Ca+Tty,Artmna Commission eis fflt i1 C`a L�ec)r-- t eV c re2. Print Name NOTARY PUBLIC in and for the State of Arizona, residing at Chctr,rllfr. A L. My commission expires l01 IS 12A:52P. 3 miummimoliw GRANTORS: ARMAND TIBERIO STATE OF WASHINGTON ) 1, )ss. COUNTY OF W.INC: On this 14 day of r-60 , 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared ARMAND TIBERIO, known to me to be the individual that executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed, for the purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official se ereto affixed the day and ar in the certificate above written. cot k_ / / Signature liAhadbod641641"16111141.1161.11° 14(ce vt P671 NYNOPe"-C--)%(-\<-R-Ir. AMANDA PICKENS I Prin Name Notary Public NOTARY PUBLIC in and for the State of State of Washington Commission as 210550 Wshington, residingp at e 2.t.. 7� • My Comm.Expires Nov 11, 2027 Mycommission expires 1� 4 • GRANTEE: THLEEN TIBERIO STATE OF WASHINGTON ) �� )ss. COUNTY OF (,,:\(10 ) On this I LI day ofb , 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared KATHLEEN TIBERIO, known to me to be the individual that executed the foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed, for the purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal here"t ,the day and year in the certificate above written. ature PCAO2XASArro r� AMANDA PICKENS Print Name Notary Public NOTARY PUBLIC in and foc the State of State of Washington Washington,residing at ra\ U1/4A Commission 210550 27 My commission expires Lb�) \ ;lot . My Comm. Expires Nov 11, 20 I I I 5