Easement and Joint Use Agreement between Kittitas County and D&N

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Easement Agreement This Easement is between Kittitas County(county), a subdivision of the state of Washington and D&N Development LLC, a Washington Limited Liability Company (collectively 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 line of parcel 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 legally described as follows: An easement, 40.00 feet in width across a portion of the Southeast Quarter of Section 28, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington, lying 20.00 feet on each side of the following described centerline: Beginning at the southeast corner of Lot A, KITTITAS COUNTY SHORT PLAT, as per Short Plat thereof recorded in Book L of Short Plats at pages 224 and 225, under Auditor's File No. 202105130050, Records of Kittitas County, Washington; thence N 89°32'31" W, along the south boundary of said Lot A, 759.60 feet to the true point of beginning for said centerline; thence N 00°27'29" E, 197.00 fe.et; thence N 89°32'31" w, 409.71 feet; thence N 79°12'42" W, radial to the centerline of Highway 97 (WF Line) at HES WF 49+43, 71.28 feet to the easterly right of way of said Highway 97 and the end of said described centerline. The sidelines of said easement to be lengthened and/or shortened to Intersect 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 waterline shall be maintained by D&N Development LLC from the north property line of parcel 961885 to highway 97. Each party fully indemnifies the other against all claims, damages, injuries, cost, judgments, fines and attorney 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 fully defend the other against all possible damages or claims resulting from the acts or omissions of its own employees, officers, agents, etc. In the case liability is found to be joint, each party shall be responsible for the share of costs assigned to is as being liable for including its own legal costs, which includes attorney, expert witness, and consultant fees. This is easement is to continue in perpetuity. Any notice given in conjunction with the exercise of this easement and agreement shall be sent to: Kittitas County 925 Industrial Way Ellensburg, WA 98926 D&N Development LLC P.O. Box 926 Ellensburg, WA 98926