R2024-164 Fully executed - Laserfiche WebLink

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Easement Agreement This Easement is between Kittitas County(county), a subdivision of the state of Washington and D&N Devel.opment LLC, a Washington Limited Liabitity Company (coltectively the parties). The intent of this agreement is to create an easement for an emergency access/exit and connection to the water line at the north property [ine of parce[ 961885. This easement is to 40 ft easement across parcel 961884 connecting to highway 97 as shown on D&N Esm't exhibit. The property that is the subject of this easement and agreement is legatty described as fo[[ows: An easement, 40.00 feeL irr widtlr across a portion of the Southeast Quartcr of Section 28, Township 1 8 North, Range 18 East, W.M., in the County of Kittitas, State of Washington, lying 20.00 feet on each side of the fol.towing described centertine: Beginning at the southeast corner of Lot A, KITTITAS COUNTY SHORT PLAI as per Short Ptat thereof recorded in Book L of Short Ptats at pages 224and225,under Auditor's Fite No. 202105130050, Records of Kittitas County, Washington; thence N 89"32'31 " W, atong the south boundary of said Lct A,, 759.60 feet to the true point of beginning for said centertine; thence N 00o27'29" E, 197.00 fe.et; thence N 89"32'31" w, 409.71feet; thence N79"12'42" W, radial tothecenterlineof HighwaygT(WFLine)atHESWF 4g+4g,Tl.2Sfeettotheeastertyrightofwayof said Highway 97 and the end of said described centertine. The sidetines of said easement to be tengthened and/or shortened to lntersect the south boundary of said Lot A and the east right of way boundary of Highway 97. The upkeep and maintenance of the property and watertine shat[ be maintained by D&N Development LLC from the north property line of parcel 961885 to highway 97. Each party futty indemnifies the other against at[ c[aims, damages, injuries, cost, judgments, fines and attor:ney fees caused by the actions of each parties' respective employees, officers, agents, contractors, or consultants upon the property this is the subject of the easement and agreement. Each party agrees to futty defend the other against att possibte damages or ctaims resulting from the acts or omissions of its own emptoyees, officers, agents, etc. ln the case tiabitity is found to be joint, each party shat[ be responsibte for the share of costs assigned to is as being tiabte for inctuding its own legaI costs, which inctudes attorney, expert witness, and consuttant fees. This is easement is to continue in perpetuity. Any notice given in conjunction with the exercise of this easement and agreement shatl be sent to Kittitas County 925 lndustriat Way E[tensburg, WA 98926 D&N DeveLopment LLC P.O. Box 926 Eltensburg, WA 98926