HomeMy WebLinkAboutEASEMENT AGREEMENT - OTH Recorded Documents - 6/25/2025i•�
2227175 MASON CO WA
06/25/2025 09.43 AM ERSMT
LOWRY. DARLENE #211135 Rec Fee $308 50 Pages. 6
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Name and Return Address:
AFFIDAVIT
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WA R.E. EXCISE TAX
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EXEMPT
LISA FRAZIER @�
Treas., Macon County
Document Title(s) ) -{
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2.
Reference Numbers(s)of Documents Assigned or Released
ADDITIONAL REFERENCE WS ON PAGE
Grantor(s) /
1. L.4,L, L r'iri G�c.IG k
2. ADDITIONAL GRANTORS ON PAGE
Grantee(s)1. 90 c.i / f LUW(3..f
2. ADDITIONAL GRANTEES ON PAGE
Legal Description (abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter)
3 Z./ Z 7- ,!I''o U(.��V / Z -Z 7` .S l'()Q z Z XDDITIONAL LEGAL IS ON PAGE
Assessor's Property Tax Parcel/Account Number(s)
ADDITIONAL PARCEL WS ON PAGE
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.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature:
Q.vv Date: -1 S/ 2e?D"
Recorded at the Request of Lake limerick Country Club
When Recorded Please Return to:
Lake Limerick Country Club
790 E St Andrews Dr
Shelton,WA 98584
Grantor: LAKE LIMERICK COUNTRY CLUB, a Washington nonprofit corporation
Grantee: Darlene Lowry, a single woman
Legal Description(Abbreviated): LAKE LIMERICK LOT: 02-230
(WATER SYSTEM) DOR#5251 001 (Grantor)
LAKE LIMERICK LOT:02-228 S 31/81
(Grantee)
Additional legal is on Page 1-2
Assessor's Tax Parcel ID: 32127-51-00230(Grantor)
32127-51-00228(Grantee)
EASEMENT AGREEMENT
This Easement Agreement,dated 0if/2.5---.,2025,for reference purposes only,is
hereby made from LAKE LIMERICK COUNTRY CLUB,a Washington nonprofit corporation,
("Grantor"herein)to Darlene Lowry,a single woman("Grantee"herein).
RECITALS
1. Grantor is owner in fee simple of a parcel of land described as:
LAKE LIMERICK LOT 230, DIVISION NO. 2,VOLUME 6 OF PLATS, PAGES 73-79,
RECORDS OF MASON COUNTY,WASHINGTON.
Hereinafter referred to as the"Servient Property"or"Servient Estate"
2. Grantee is the owner In fee simple of a parcel of land described as follows:
Lot 228, LAKE LIMERICK DIVISION NO. 2„AS RECORDED IN VOLUME 6 OF EASEMENT
AGREEMENT-1
PLATS,PAGES 73-79, RECORDS OF MASON COUNTY,WASHINGTON.
HEREINAFTER REFERRED TO AS THE"Dominant Property"or"Dominant Estate."
3. The Servient Property is vacant land.
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4. The Servient Property and Dominant Property are adjoining properties.
5. Grantor desires to grant to Grantee, and Grantee desires to receive from the Grantor
the easement rights to use part of the property described herein for a drain field
from Grantee's property, Including easement rights to construct and maintain
Grantee's drainfield subject to the terms herein.
WHEREFORE,in consideration of the mutual covenants contained herein, receipt of
which is hereby acknowledged by each party, an easement is granted under the
following terms and conditions:
SECTION ONE
GRANT OF EASEMENT
Grantor grants unto Grantee,Grantee's successors, heirs or assigns,a perpetual non-
exclusive easement to use part of the property for purposes of constructing,
maintaining,and using a drainfield for its intended purpose on the Servient Property for
these purposes only. The real property burdened by this Grant of Easement is fully
described as the Grantor's property in the Recitals set forth above.
SECTION TWO
CONDITIONS
2.1 Successors. The rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors,heirs and assigns.
2.2 Nature of Easement. This easement is superior and paramount to the rights
of any of the parties hereto in the Servient Estate so created,and the parties further
agree that this easement shall run with the land and shall be for the non-exclusive
benefit and use of the Grantee,the owner of the Dominant Estate described above,and
the Grantee's successors, heirs, and assigns. Further,Grantor covenants that neither it
nor its successors, heirs or assigns shall interfere with the right of Grantee or Grantee's
successors,heirs,or assigns,to use the easement as described herein.
Notwithstanding the foregoing, nothing in this Grant of Easement shall limit the right of
the Grantor or its successors,heirs or assigns from using the same easement area
described in this Easement Agreement.
2.3 Termination of Easement. This easement may not be terminated without
the express written consent of the Grantee,their successors, heirs or assigns,as the
owner of the Dominant Estate,except that this easement shall automatically terminate
in the event the drainfield completely destroyed or removed from the Servient Property.
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2.4 Construction,Maintenance and Repairs. Grantee shall maintain the
drainfield on the Servient Property in a manner such that the condition of the
improvement remains in good condition. Grantee shall not be responsible for
maintenance of the Servient Property or any improvement thereon except the
drainfield.
2.5 Insurance. Grantee shall at all times maintain casualty and liability
insurance regarding use of the drainfield on the Servient Property. Grantee shall name
Grantor as additional insured on any such policies of insurance.
2.6 Encumbrances. Grantee shall not permit any encumbrances from
burdening the Servient Property.
2.7 Easement Area. The easement area granted herein shall be limited to
that area ultimately used by Grantee for the drainfield and no other.At Grantor's option
and Grantee's expenses, this Easement Agreement may be re-recorded in the Office of
the Mason County Auditor to include an exact legal description of the easement area
upon completion of construction of the drainfield.
SECTION THREE
GENERAL PROVISIONS
3.1 Entire Agreement. This Agreement(including any Exhibits attached)
constitutes the entire agreement and understanding between the parties with respect
to the subject matter contained herein and supersedes any prior agreement and
understanding about the subject matter hereof. This Agreement may be modified or
amended only by a written instrument executed by the parties hereto.
3.2 Headings. The subject headings of the sections and paragraphs of this
Agreement are included for purposes of convenience only end shall not affect the
construction or interpretation of any of its provisions.
3.3 SeverabiUty. if any term or provision of this Agreement shall,to any extent,
be held invalid or unenforceable,the remaining terms and provisions of this Agreement
shall not be affected thereby, but each remaining term and provision shalt be valid and
enforced to the fullest extent permitted by law.
3.4 Waiver. No waiver of any breach of any of the easements, covenants
and/or agreements herein contained shall be construed as, or constitute,a waiver of
any other breach or a waiver, acquiescence in or consent to any further or succeeding
breach of the same or any other covenant and/or agreement.
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3.5 Successors and Assigns. Each covenant and condition contained in the
Agreement shall inure to the benefit of and be binding on the parties to this Agreement
and their respective heirs,executors, administrators, personal representatives,
1 successors and assigns,except as otherwise provided herein.
3.6 Recording. A fully executed counterpart of this Easement Agreement shall
be recorded in the Mason County Auditor's Office.
3.7 Special Performance. Both parties to this grant of easement agree that
if either a Grantor or a Grantee fails to perform the acts required by this agreement or
breaches same in anyway,that money damages may not adequately compensate the
aggrieved party and therefore, each party shall be entitled to all legal and equitable
remedies available under Washington law, Including the right to seek either money
damages or specific performance of the terms of this Easement Agreement.
3.8 indemnification and Hold Harmless. Grantee shall indemnify and hold
harmless Grantor for any harm or damage incurred on the Servient Property which is
caused by Grantee's negligent acts or omissions,or by the negligent acts or omissions
of such Grantee's family members,guests or invitees.
3.9 Attorneys'Fees and Costs. If any legal action or any other proceeding
is brought for the enforcement of this Easement Agreement, or because of an alleged
dispute, breach,default,or misrepresentation in connection with any of the provisions
of this Agreement,the successful or prevailing party or parties shall be entitled to
recover reasonable attorneys'fees and other costs incurred in that action or
proceeding, in addition to any other relief to which it may be entitled, including the fees
and costs incurred in enforcing any judgment which may be obtained in said action.
This Easement Agreement shall be governed by Washington law and venue for any
action to enforce or otherwise related to this Agreement shalt be in Mason County,
Washington.
IN WITNESS WHEREOF,the parties have executed this Easement Agreement at
Shelton,Washington.
GRANTOR
LAKE UMERICK COUNTRY CLUB
Mike Bern( -President
it's President:
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STATE OF WASHINGTON ]
]ss.
COUNTY OF MASON •
)]
On thiss-,aiday ofi L ,2025, before me,the undersigned,a Notary Public,
in and for the State of Washington,duly commissioned and sworn, personally appeared
Mike Berni,to me known to be the individual described in and sworn, personally
appeared foregoing instrument,and acknowledged to me that they signed the same as
their free and voluntary act and deed,for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed the day and year first above written.
iTor arrta1geml ,� (1A114-/ 6111 t odi
Notary Public .TARY PUBLIC in and fort
State of Washington 1 ate of Washin n
. My Appointment Expires 7110/2028 i
CommisE on Number 24011020 Residing at C
My commission expires: /lb ?O'
GRANTEE
Darlene Lowry
AOCzA-Lrt'aS4
STATE OF WASHINGTON
]ss.
COUNTY OF MASON ]
On this•_< day of Apr; L. . 2025, before me,the undersigned,a Notary Public,
in and for the State of Washington,duly commissioned and sworn,personally appeared
Darlene Lowry, to me known to be the individual described in and sworn,personally
appeared foregoing Instrument,and acknowledged to me that they signed the same as
their free and voluntary act and deed,for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed the day and year first above written.
_ ry Public10/ /. . //.• --State of Washington State of Wa OTARY PUBLIC In and for
: •I gt• �
My AppoIntrnent Expires 7/10/2029 a
Commissl.n Number 2401e020 Residing 8 A 't?' 4 ii
My commission expires:
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