HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)This Instrument should be retuned to
Country Lawyer Holdings, LLC
PO Box 130
Ephrata, WA 98823
NO BUILD EASEMENT FOR WINDOW INSTALLATION
This EASEMENT AGREEMENT (this "Agreement"), dated as of the AP day of January 2021 (the "Effective Date"), is entered into
between [Grant County, Washington, a Municipal Corporation, State of Washington, qualified to do business in the State of Washington
(hereinafter, "Grant County"), having an address at 264 W DIVISION ST, Ephrata, Washington 98823 and Country Lawyer Holdings,
LLC, a Limited Liability Company qualified to do business in the State of Washington, (hereinafter, "Country Lawyers"), having an
address at 238 W. Division, Ephrata, WA 98823.
WITNESSETH:
WHEREAS, Grant County is the fee simple owner of certain unoccupied space used as a parking lot located in the 264 W
DIVISION ST, Ephrata, Washington 98823, County of Grant, Parcel No. 13-0303-000, hereinafter referred to as "Parcel A" and more
particularly described by a metes and bounds description set forth on Exhibit A attached hereto and made a part hereof;
WHEREAS, Country Lawyers is the fee owner of the constructed building located adjacent to and west at 238 W. Division,
Ephrata, Grant County, WA, Parcel No. 13-0304-000 , hereinafter referred to as "Parcel B" and more particularly described by a metes and
bounds description set forth on Exhibit B attached hereto and made a part hereof,
WHEREAS, The Grantor covenants and agrees to not construct improvements in the six foot setback from the property line of
Parcel B that is adjacent to Parcel A in order to meet the setback requirements set forth in the International Building Code to allow Grantee
to install windows on the structure located along the property line of Parcel B; and
NOW, THEREFORE, for good and valuable consideration of $100 by Country Lawyers to Grant County and the mutual
covenants, terms, and conditions set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grant County hereby grants and conveys to Country Lawyers, an exclusive six foot no build
easement along the property line of Parcel B. Said Easement shall benefit and be appurtenant to Parcel 2, and shall be a burden on Lot 1,
and for the successors and assigns in the ownership of Parcel 2 and Parcel 1.
2. Acceptance by Grantee. Grant County hereby accepts the foregoing grant of the six-foot no -build easement and hereby
expressly agrees to be bound by the terms, covenants, and conditions contained herein.
3. Agreement not to construct. The parties agree that the no -build easement area shall be maintained free of any building
or structure; provided however, this Easement Agreement shall not prevent the no -build Easement area from being used for the
construction of water, sewer, gas, electric and other utilities and appurtenances, and other uses within the no -build Easement area that do
not violate the setback requirements relating to the building on Lot 2, including but not limited to parking.
4. Authori . Both parties represent and warrant that they have the authority to execute this Agreement and each
individual signing on behalf of a party to this Agreement states that he or she is the duly authorized representative of the signing party and
that his or her signature on this Agreement has been duly authorized by, and creates the binding and enforceable obligation of, the party on
whose behalf the representative is signing.
5. Runs with the Land. The parties to this Agreement hereby acknowledge and agree that the easements and other rights
conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be
binding upon the parties and their respective grantees, heirs, successors, and assigns. [Notwithstanding the foregoing, Grantee
acknowledges that the rights granted to and duties assumed by Grantee under this Agreement may not be assigned or delegated by Grantee
without the prior written consent of Grantor, [which consent may be given or withheld in Grantor's sole and absolute discretion/not to be
unreasonably withheld, conditioned, or delayed].] Any attempted assignment or delegation by Grantee without the prior written consent of
the Grantor shall be void ab initio. In addition, the grant of easement shall only be in existence during the lifetime of the building
that currently exists on Parcel A upon the demolition of the building all rights to the easement shall revert back to the grantor or
its heirs or assigns. Grant County retains the right to have signage in the parking lot in the alley west of the building.
6.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above.
GRANTOR:
GRA COUNTY IPAL CORPORATION
Grant County C missloner(s)
GRANTEE:
Country Lawy, o dings, LLC
C m Kearns, Owner
STATE OF WASHINGTON )
) :ss.
COUNTY OF GRANT
Grant County, being duly sworn on oath, deposes and says:
On this day of January 2021, before me personally appeared 6VV to me known as a Grant
County Commissioner(s), the municipality that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act of said company, for the uses and purposes therein mentioned, and on
oath stated that s/he was authorized to execute the said instrument on behalf of said municipality.
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Grant County Commissioner(s)
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lots 1, 2, 3, and 4, Block 4, Jesse Cyrus's First Addition to the Town of Ephrata, according to
the plat thereof recorded in Volume 1 of Plats, page 7, records of Grant County, Washington, described as
follows:
Beginning at the most Easterly corner of said Lot 1; thence Northwesterly along the Northeasterly
boundary line of Lot 1, a distance of 25 feet; thence Southwesterly parallel with the Southeasterly
boundary line of Lots 1, 2, 3 and 4, a distance of 100 feet to an intersection with the Southwesterly boundary
line of Lot 4; thence Southeasterly along said boundary line, 25 feet; thence Northeasterly along the
Southeasterly boundary line of said Lots 4, 3, 2, and 1, a distance of 100 feet to the point ofbeginning.
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EXHIBIT `B"
LEGAL DESCRIPTION
A portion of Lots 1.2.3 and 4. Block 4, Jesse Cyrus's First Addition to the town of Ephrata, according to the plat there of in
Volume 1 of Plats, page 7, records of Grant County, Washington, described as follows:
Commencing at the intersection of the Northeasterly boundary line and the Southeasterly boundary line of said Lot 1;
Running thence Northwesterly along the said Northeasterly boundary line, a distance of 25 feet to the True Point of
Beginning;
Running thence Southwesterly parallel to the Southeasterly boundary line of Lots 1, 2, 3 and 4, A distance of 100 feet to an
intersection with the Southwesterly
boundary line of Lot 4;
Running thence Northwesterly along the Southwesterly boundary line of Lot 4, a
distance of 42 feet;
Running thence Northeasterly parallel with the Southeasterly boundary line of Lots 4, 3, 2, and 1, a distance of 100 feet to an
intersection with the Northeasterly boundary line of said Lot 1;
Running thence Southeasterly along the Northerly boundary line of Lot 1, a distance of 42 feet to the True Point of
Beginning.
Situate in the County of Grant, State of Washington.
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