GRANT OF EASEMENT AND AGREEMENT

_____________________________________________________________________________________

THIS AGREEMENT, made this               day of                                     , 20   , by and between Christopher Armstrong and Travis Armstrong of 2640 Heather St Lodi, CA 95242, hereinafter referred to as “Grantor”, and Alex Shikhanov and Ivan Evdokimov of Bellevue WA 98005, hereinafter referred to as “Grantee” (collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.

WHEREAS, Grantee desires to acquire a certain easement (“Easement”) in a portion of Grantor’s property commonly known as Parcel Number 035174002002, whose address is 0 Craig Rd, White Pass (the “Land”), which easement is described in Exhibit “A” and depicted on Exhibit “B” (“Easement Area”).

NOW, THEREFORE,

1. Grantor hereby grants to Grantee a nonexclusive easement over/under/on/across the Land for so long as the Easement Area is used exclusively for the purpose(s) of _____________________________ [describe].

Grantor expressly reserves for itself, its successors, and its assigns the right to use the Easement Area or grant other easements or licenses at the same location so long as such use/uses do/do not unreasonably interfere with the rights herein granted.

2. Grantee shall maintain the Easement Area together with any improvements constructed or installed thereon by Grantee or associated with Grantee’s use of the Easement Area.  The operation and maintenance of such improvements and of the Easement Area shall be at Grantee’s sole cost and expense.

3. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Land, whether or not of record.  The use of the word “grant” shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area.

4. Grantee shall comply with all applicable laws, ordinances, and regulations, including but not limited to all applicable regulatory, environmental, and safety requirements at Grantee’s sole cost and expense.

5. Grantee shall not use, deposit, or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the Land or on any other real property of Grantor adjacent to the Easement Area.

6. Grantor may relocate the Easement if, in the opinion of Grantor, it unreasonably interferes with the present or future use by Grantor of Grantor’s Land.  [The first such relocation shall be at Grantee’s sole cost and expense with any subsequent relocation at Grantor’s expense; provided, however, that] Grantor shall provide to Grantee a substitute Easement Area reasonably suited to Grantee’s needs [at no cost to Grantee].

7. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, and Grantee shall use such routes and follow such procedures on Grantor’s property as a result in the least damage and inconvenience to Grantor.

8. Grantee shall be responsible for any damage to Grantor’s property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence, or damage resulting therefrom.  Grantee shall promptly repair and restore to its original condition any of Grantor’s property, including, but not limited to, roads, utilities, buildings, and fences that may be altered, damaged, or destroyed in connection with the exercise of the Easement or use of the Easement Area.

9. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee’s, its contractors’, agents’, officers’, members’, employees’, invitees’, or licensees’ exercise of rights granted pursuant to this Easement or use of the Easement Area or of the improvements or personal property of Grantee thereto or thereon, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of Grantee.  Grantee hereby covenants and agrees to defend and indemnify Grantor, its officers, employees, agents, students, invitees, and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor.

10. Grantor may terminate this Easement and all of the rights granted herein any time after ________ months of continuous non-use of the Easement or the Easement Area by Grantee.  In the event of such termination, the Easement shall be quitclaimed from Grantee to Grantor, without expense to Grantor, and any and all interest in Grantor’s Land conveyed in this Easement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion.  On-demand by Grantor, Grantee, shall promptly remove any and all improvements it installed in, on, under, or above the Easement Area.  At the option of Grantor, all such improvements shall become the personal property of Grantor at no cost to Grantor.

11. Grantee alone shall pay any and all taxes, charges, or use fee(s) levied by any governmental agency against Grantee’s interest in the Easement Area or against any of Grantor’s real property as a result of the Easement herein granted.  Grantee shall not cause liens of any kind to be placed against the Easement Area or any of Grantor’s real property.

12. Dispute resolution

Parties agree to settle disputes under this agreement through (select one)

☐Negotiation                           ☐Mediation                                 ☐Arbitration                       ☐Litigation

13. General provisions

  • The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
  • This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this agreement. If any ambiguity is found in the agreement or various documents forming this agreement, the Parties shall issue any necessary clarification or instruction. The Parties will exercise utmost good faith in this agreement.
  • Parties may alter this agreement subject to a written document signed by all Parties.
  • Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
  • This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
  • All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
  • The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
  • Any reference to the singular includes the plural and vice versa, and the male gender includes the female gender and vice versa.
  • Parties shall be served through their above-named addresses; either Party may change their addressees by reasonable written notice given to the other Party.
  • This agreement shall be governed by and construed per the laws of the State of Washington.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

GRANTOR:   Christopher Armstrong and Travis Armstrong

______________________________         ______________________  ____________________________     

(NAME)                                                             (SIGNATURE)                          (DATE)

______________________________         ______________________  ____________________________     

(NAME)                                                             (SIGNATURE)                          (DATE)

GRANTEE:      Alex Shikhanov and Ivan Evdokimov

______________________________         ______________________  ____________________________     

(NAME)                                                             (SIGNATURE)                          (DATE)

______________________________         ______________________  ____________________________     

(NAME)                                                             (SIGNATURE)                          (DATE)

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

STATE OF WASHINGTON

COUNTY OF _____________

On this day personally appeared before me ______________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and seal of office this _______ day of _________________, 20______.

______________________________

Notary Public residing at _________

Printed Name: _________________

My Commission Expires:

_____________________

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

STATE OF WASHINGTON

COUNTY OF _____________

On this day personally appeared before me ______________________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and seal of office this _______ day of _________________, 20______.

______________________________

Notary Public residing at _________

Printed Name: _________________

My Commission Expires:

_____________________

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