5715829 Easement, Reciprocal Access Agreement15-115829
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09/11/2008 52 00 Page
Recording ~eeyUKINGS
Easement
Spokane -our' Washing
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Filed for Record at Request of and
copy returned to:
Lukins & Annis. P.S.
Attn: John T. Witherspoon
717 W. Sprague Ave., Ste. 1600
Spokane, WA 99201
RECIPROCAL ACCESS EASEMENT AGREEMENT
This ACCESS EASEMENT AGREEMENT ("Agreement") is effectively dated the
day of _ p42g !w 2008 ("Effective Date"), by and between Scott W. Bobbett
and Val&ie Bobbett, husband and wife ("Bobbett"), and David C. Auble and Shirley M.
Auble, husband and wife ("Ruble").
A. Bobbett owns the real property legally described in the attached Exhibit A
("Bobbett Parcel'") with an abbreviated legal description of
OPPORTUNITY B44 W 100FT OF S170 FT OF N1/2 EXC S20FT
OPPORTUNITY B44 W 112FT OF N1/2 EXC N128FT & EXC W 100FT
Assessor's Tax Parcel ID Number: 45152.1410 and 45152.1421
B. Auble owns the real property to the North of the Bobbett Parcel, legally
described in the attached Exhibit B ("Auble Parcel") with an abbreviated legal description of:
OPPORTUNITY W 162FT OF S 118FT OF N 128FT B44
Assessor's Tax Parcel ID Number: 45152.1411
C. Bobbett and Auble desire to add an additional entrance to both of their
properties via an additional "curb cut" on Pines Road, which borders to the West of both the
Bobbett Parcel and the Auble Parcel.
D. The additional entrance would border and be on both of the Bobbett Parcel and
the Auble Parcel, and the parties desire to enter into a reciprocal access easement on the terms
of this Agreement. -
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NOW, THEREFORE, for the mutual rights and obligations under this Agreement, it is
mutually agreed by and between Bobbett and Auble as set forth below:
1. Grants of Easements, Bobbett hereby grants to Auble, and for the benefit of
the Auble Parcel, a non-exclusive, non-divisible easement over and across that portion of
Bobbett Parcel contained within the shared access area, as legally described in Exhibit C to
this Agreement ("Access Area") for the purpose of ingress from and egress to the Auble
Parcel. Auble hereby grants to Bobbett, and for the benefit of the Bobbett Parcel, a non-
exclusive, non-divisible easement over and across that portion of Auble Parcel contained
within the Access Area for the purpose of ingress from and egress to the Bobbett Parcel.
Each party agrees and acknowledges that the Access Area may be used pursuant to this
easement by all guests, invitees, licensees, agents, employees, members, shareholders,
officers, directors, or other assignees who are accessing either the Auble Parcel or Bobbett
Parcel.
(a) Term of Easement. This Agreement shall terminate in its entirety
(except as set forth below) in the event that either (i) the parties agree, or (ii) the
easement is otherwise terminated or abandoned pursuant to law. Otherwise, this
Agreement is intended to be perpetual.
2. Construction of Curb Cut. Auble hereby grants Bobbett a temporary
construction easement within the Access Area and an easement for ingress and egress on such
portions of the Auble Parcel as are necessary for accessing the Access Area for the purposes
of constructing the "curb cut" on Pines Road. The term of the temporary easement granted
under this Section will be for the initial period of constructing the emergency exit and will
terminate upon the completion of such construction. Such construction includes any
installation of sidewalks and such repaving as may be required by the applicable
governmental entities.
3. Costs of Access Area. Bobbett and Auble shall equally pay for all the
maintenance, repair, and replacement related to keeping the Access Area in its as-constructed
condition. Bobbett shall pay for all costs of the construction of the curb cut. Each party shall
continue to pay for such party's own taxes, insurance, assessments, and other costs. If either
party wishes to improve the condition Access Area beyond any maintenance, repair, or
replacement necessary for the preservation of the Access Area in the condition existing after
construction (without changing the size thereof and without interfering with the use of the
remainder of each parcel), such party may make, at such party's sole cost and expense, such
improvements. The improving party shall ensure that the planning, design, materials,
specifications and all other aspects of construction comply with applicable laws and
regulations and shall be done in a workmanlike manner. Additionally, because such curb cut
is then anticipated to be the primary entrance for each parcel, such construction on the Access
Area shall not unreasonably interfere with the commercial and retail use of the each parcel,
and the timing, noise, debris, dust, and waste of such construction is subject to the reasonable
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rules and regulation as each party may adopt; including reasonable restrictions on the hours of
such construction
(a) Failure to Maintain, Repair or Replace. In the event that any party
fails to pay for the party's costs set forth above or otherwise fails to maintain, repair or
replace any improvement on the Access Area as set forth herein, the non-defaulting
party will have the right to send a notice to the defaulting party of such failure. If the
failure is not cured within seven (7) days of when the notice is sent, the non-defaulting
party will have the right under this easement to cure the failure and collect from
defaulting party all expenses and costs, including attorneys' fees, incurred in curing
the failure, together with interest at sixteen percent (16%) per annum (or the highest
rate permitted by law, if lower).
4. Liability and Indemnification. Auble agrees to indemnify, defend, and hold
Bobbett harmless from and against any and all claims, demands, suits and causes of action,
and the accompanying liabilities, damages, losses, costs and expenses, whether presently
known or unknown, or fixed or contingent (including, without limitation, reasonable legal
expenses and attorneys' fees with respect to the same) (collectively, the "Claims") related to
the use of the Access Area by Auble or by Auble's guests, invitees, licensees, agents,
employees, members, shareholders, officers, directors, or other assignees. Bobbett agrees to
indemnify, defend, and hold Auble harmless and against any and all Claims related to the use
of the Access Area by Bobbett or by Bobbett's guests, invitees, licensees, agents, employees,
members, shareholders, officers, directors, or other assignees. Each party acknowledges that
its obligations under this Section are unconditional and shall survive and continue in effect
after the termination of this Agreement.
5. Not a Partnership. The parties do not intend by this Agreement, in any way
or for any purpose, to become partners or joint venturers of the other in the conduct of their
respective businesses or of this Agreement.
6. Miscellaneous Provisions,
(a) Successors and Assigns. The terms, covenants and conditions
contained in this Agreement shall inure to the benefit of and shall be binding upon
Bobbett and Auble and any other person having any interest in Bobbett Parcel and the
Auble Parcel, and their respective legal representatives, successors and assigns.
(b) Incorporation. The above recitals and all exhibits to this Agreement
are hereby incorporated by this reference. This Agreement, including all exhibits, is
the entire agreement between the parties with respect to the subject matter.
(c) Other Documents. If there is any specific and direct conflict between,
or any ambiguity resulting from, the terms and provisions of this Agreement and the
terms and provisions of any other document, instrument or agreement executed in
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connection with or in furtherance of this Agreement, including any exhibits to this
Agreement, the other document, instrument or agreement must be consistently
interpreted in a manner as to give effect to the general purposes and intention as
expressed in this Agreement, which must be deemed to prevail and control.
(d) Oral Agreements. There are no oral promises, conditions,
representations, understandings, interpretations or terms of any kind as conditions or
inducements to the execution hereof or in effect between the parties.
(e) Amendments. Except as specifically set forth herein, this Agreement
may not be amended or modified except by a document in writing signed by the
parties.
(f) Invalid Provisions. In the event any provision hereof or any portion of
any provision hereof shall be deemed invalid, illegal or unenforceable, such invalidity,
illegality or unenforceability shall not alter any remaining portion of any provision or
any other provisions hereof, as each provision of this Agreement shall be deemed to be
severable from all other provisions hereof.
(g) Recording. This Agreement may be recorded by any party without the
prior written consent of the other.
(h) No Waiver. The waiver by any party of any right granted to it
hereunder shall not be deemed to be a waiver of any other right granted hereunder, nor
shall the same be deemed to be a waiver of a subsequent right obtained by reason of
the continuation of any matter previously waived. No waiver shall be effective unless
in writing and executed by the party against whom such waiver is sought.
(i) Venue and Governing Law. The venue for any suit or action brought
in connection with this Agreement shall be in Spokane County in the State of
Washington. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Washington.
(j) Counterparts Permitted. This Agreement may be signed in several
counterparts, each of which shall be deemed an original but all constituting only one
agreement.
(k) Time of the Essence. Time is of the essence with respect to the
performance of all terms, conditions and provisions of this Agreement.
(1) Not a Public Dedication. Nothing contained in this Agreement shalt
be deemed to be a dedication of any portion of either parcel to the general public or for
the general public or for any public purposes whatsoever, it being the intention that
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this grant of easement will be strictly limited to and for the purposes expressed in this
Agreement.
(m) Covenant to Run with Land. Except as may be specifically limited in
this Agreement, the easement granted herein shall be deemed to be covenants which
run with the Bobbett Parcel and the Auble Parcel.
(n) Representation. Each party has participated jointly in the negotiation
and drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises, this Agreement shall be construed as if drafted jointly by all
parties, and no presumption or burden of proof shall arise favoring or disfavoring any
party by virtue of the authorship of any of the provisions of this Agreement.
EACH OF DAVID C. AND SHIRLEY M. AUBLE ARE HEREBY NOTIFIED OF
THEIR RIGHT AND NEED TO OBTAIN THE REVIEW AND ADVICE OF
INDEPENDENT LEGAL COUNSEL PRIOR TO EXECUTION OF THIS
AGREEMENT. EACH OF DAVID C. AND SHIRLEY M. AUBLE HAVE AND
DO HEREBY REPRESENT AND WARRANT THAT' THEY EACH (1) HAVE
READ AND UNDERSTAND THIS AGREEMENT, (11) HAVE BEEN NOTIFIED
OF THE NEED TO HAVE THIS AGREEMENT REVIEWED BY INDEPENDENT
COUNSEL AND (I1I) HAVE EITHER OBTAINED SUCH INDEPENDENT
REVIEW OR HAVE FREELY ELECTED NOT TO DO SO.
THIS RECIPROCAL ACCESS EASEMENT AGREEMENT is entered into effective
as of the date set forth above
SPOKANE, WA Document:EAS 5715829
AUBLE:
David C. Auble
'46A,
Shirley M uble 1
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STATE OF WASHINGTON
County of Spokane
ss
On this _C;L day of , 2008, personally appeared before me
SCOTT W. BOBBETT and VAL E BOBBETT, husband and wife, to me known to be the
individuals described in and who executed the within and 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 e y and year this certificate first above
written.
~Xo%kiYII11111),44i.
`y``J~~ 550 E ~~~~'~r~ Not lic (Signature)
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(Print Name)
My appointment expires: q4fd/ai.-Lo
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STATE OF WASHINGTON )
ss
County of Spokane }
On this.3 d day of-:S LMbgr , 2008, personally appeared before me
DAVID C. AUBLE and SHIRLEY M. AUBLF., husband and wife, to me known to be the
individuals described in and who executed the within and 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 the day and year in this certificate first above
written.
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'AypL1G ~
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SPOKANE, WA Document:EAS 5715829
VWJ-AJL- kl) )L::~4
Notary Public Signature)
-L16Lrle'rp- )o (Print Name)
My appointment expires:
6
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EXHIBIT A
LEGAL DESCRIPTION
BOBBETT PARCEL
THE WEST 112 FEET OF THE NORTH HALF OF TRACT 44,
OPPORTUNITY, AS PER PLAT RECORDED IN VOLUME "K" OF
PLATS, PAGE 20, 22 AND 12;
EXCEPT TI-IE NORTH 128 FEET THEREOF;
AND EXCEPT THE SOUTH 20 FEET THEREOF;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF
WASHINGTON FOR SR 27, SPRAGUE AVENUE TO SPOKANE
FREEWAY, BY DEED DATED FEBRUARY 10, 1984, AND RECORDED
APRIL 13, 1984 AS RECORDING NO. 8404130136.
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF
SPOKANE, STATE OF WASHINGTON.
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EXHIBIT B
LEGAL DESCRIPTION
RUBLE PARCEL
THE WEST 162 FEET OF THE SOUTH 118 FEET OF THE NORTH 128
FEET OF TRACT 44 OF OPPORTUNITY AS PER PLAT THEREOF
RECORDED IN VOLUME "K" OF PLATS, PAGE 20,22 AND 12;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF
SPOKANE, STATE. OF WASHINGTON.
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EXHIBIT C
LEGAL DESCRIPTION
ACCESS AREA
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PROPERTY DESCRIPTION: SHARED ACCESS DESIGNATION
THE WEST 35.00 FEET OF THE NORTH HALF OF TRACT 44, OPPORTUNITY, AS PER
RECORD OF SURVEY IN VOLUME 132 OF SURVEYS ON PAGES 52 AND 53 WITH
AUDITOR'S FILING NUMBER 5658253;
EXCEPT THE NORTH 112.00 FEET THEREOF;
AND EXCEPT FOR THE SOUTH 173.43.FEET THEREOF;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR SR
27, SPRAGUE AVENUE TO.SPOKANE FREEWAY, BY DEED DATED FEBRUARY 10,
1984, AND RECORDED APRIL 13, 1984 AS RECORDING NUMBER 9404130136;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF 'SPOKANE, STATE OF
WASHINGTON.
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