2115 55TH ST SE 2018-12-31 - Laserfiche WebLink

, 1. Sewer Easement. Grantor Baltic Homes LLC hereby grants Grantee a non-exclusive easement for the installation, maintenance and repair of an underground sewer line under the Easement Area described in Exhibit A, and depicted in Exhibit B. The easement areas, individually and/or combined, may be utilized by the Grantee for the sole purpose of installing, maintaining and repairing a sewer line for the single- family residence located on Grantee's property, and for no other purpose. Grantors shall retain the right to use the easement area on their respective properties in any manner and for any purpose that does not interfere with the easement created herein or damage the'sewer line to be installed by the Grantees under the terms of this easement. 2. Maintenance and Repairs Except for emergency circumstances necessitating immediate repairs or maintenance, the Grantees will give the Grantors reasonable notice, and make a reasonable effort to obtain Grantors consent and concurrence before undertaking repairs or maintenance. In the event repairs to or maintenance of the storm water line is necessary, Grantees shall restore the Grantor's properties to the same condition that they were in immediately prior to the repairs or maintenance 3. Dispute Resolution. Any dispute arising out of this Agreement shall be resolved by arbitration by one independent and knowledgeable arbitrator, agreed on by the parties. If the parties cannot agree on the arbitrator, then either party may petition the Presiding Judge of the Snohomish County Superior court to appoint one, upon twenty (20) days' notice to the other party. The decision of the arbitrator shall be final and binding on the parties. The arbitrator shall have the discretion to award the substantially prevailing party or parties the costs and expenses incurred for the arbitration, including, if applicable, reasonable attorney's fees. 4. Easement Appurtenant. The easement hereby granted is intended to be appurtenant to Grantee Property and shall run with the land. 5. Duration, The duration of this easement shall be perpetual, and the terms of the easement shall be binding upon and inure to the benefit of the parties hereto, their heirs, assigns and successors in title, forever. 6. Entire Aqreement. This Agreement contains all of the provisions pertaining to any maters referenced in it, and no prior declarations, agreements, or undertakings pertaining to such matter shall be effective for any purpose. 7. Applicable Law. This Agreement is executed under and shall be construed in accordance with the laws of the State of Washington. 8. Amendment. This Agreement may only be amended or modified by written instrument; executed and acknowledged by the parties hereto or their successors or assigns, and recorded with the Snohomish County Auditor.