20-105047-UP-Easement forAccess & Shared Parking-07-27-2021-V2After • . 1 To:
Gilbert
314 Pine St., Suite 211
Mount Vernon, WA 98273
ACCESS AND PARKING EASEMENT
Party of the First Part: Warren J. Gilbert, Trustee
Marilyn M. Gilbert Disclaimer Trust u o: d 6/2-1/1992
d/b/a Twin Lakes Plaza
Party of the Second Part: Gilbert Family Properties, L.L.C.
Legal Description:
Abbreviated Form: Parcel 1 - Ptn NW '/4 NW '/4 Sec 13 T21N, R3E, W.M.
Parcel 2 - Ptn NW '/4 NW '/4 Sec 13 T21N, R3E, W.M.
Full Legal/Additional: Pages 6 & 8
APN / Parcel IDs: Parcel 1: 132103-9073-00
Parcel 2: 132103-9067-08
THIS ACCESS AND PARKING EASEMENT AGREEMENT is made as of this 22"d day
of March, 2021, by and between Warren J. Gilbert, Trustee of the Marilyn M. Gilbert
Disclaimer Trust uwd 6/23/1992 (d/b/a Twin Lakes Plaza LLC), a Washington Limited
Liability Company (hereinafter referred to as "Party of the First Part -TWIN LAKES") and Gilbert
Family Properties; L.L.C. (hereinafter referred to as "Party of the Second Part-GFP, LL ,C" ).
1. RECITALS:
1.1 Party of the First Part -TWIN LAKES is the owner of certain real property situate
in the City of Federal Way, County of King, State of Washington, hereinafter referred to as Parcel
1 and more particularly described in Exhibit "A" attached hereto and by reference made a part
hereof and as outlined in red on Exhibit "E" attached hereto and by reference made a part hereof,
ACCESS & PARKING EASEMENT-1
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1.3 The Party of the First Part -TWIN LAKES and Party of the Second Part-GFP, LLC
,,*-'.esire to establish an easement for access and parking rights over and upon Party of the First Part -
TWIN LAKES parcel, subject to the terms and conditions set forth below.
2. AGREEMENT:
NOW,, THEREFORE, in consideration of the mutual covenants and agreements herein
contained,, effective as of the date of the completion of the new building and improvements on
Parcel Z, the parties hereto do hereby covenant and agree to and with each other as follows:
2.1 Party of the First Part -TWIN LAKES hereby grants to the Party of the Second Part-
GFP,, LLC, for itself, its successors and assigns, a perpetual non-exclusive right of ingress and
egress from the existing public street right of way bordering the Party of the First Part -TWIN
LAKES' parcel on Southwest 320th Street, over, across and through the drive aisles as they may
exist on Parcel I from time to time. The Party of the First Part -TWIN LAKES does hereby further
grI nt to the Party of the Second Part-GFP, LLC, for the benefit of the persons patronizing the
business (hereinafter "Public Patrons") situate on Parcelnon-exclusive right to park within
the parking areas as may from time to time be designated to exist on Parcel 1.
2.2 It is the intent of each of the parties herein to provide parking for the owner's
tenants,, and employees of tenants within their respective parcels and the parking rights granted
herein are to be limited solely to Public Patrons visiting the establishment located upon Parcel 2.
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in this agreement is intended to change the rights and obligations concerning indemnity and
insurance matters of either party, as among themselves or as created by leases and/or agreements
among them.
2.5 The Party of the First Part -TWIN LAKES and Party of the Second Part-GFP, LLC
each agrees that they will not exercise their rights under this agreement in such a manner as to
interfere with the other party's use of their real property and facilities.
2.6 Nothing in this instrument is intended or shall be construed as to create an
obligation on the part of either -party to contribute to the cost of improvements constructed upon
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the property of the other. Each party hereto shall be solely responsible for the maintenance and
upkeep of the ingress, egress, drive aisles and parking area on their respective parcels.
2.8 In the event of any suit to enforce the easement rights granted herein, the prevailing
party(les) shall be entitled to recover reasonable attorneys' fees and costs (including reasonable
attorneys' fees and costs incurred on appeal), and to enforce any judgment.
2.12 This agreement may be executed in any number of counterparts, each of which
when taken shall be deemed to constitute but one and the same instniment.
IN WITNESSETH WHEREOF, the parties hereto have executed this access and parking
easement as of the day and year first above written.
0
PARTY OF THE FIRST PARTO
Warren J. Gilbert, Jr., Trustee of the
Marilyn M. Gilbert Disclaimer Trust
d/b/a Twin Lakes Pl!!-x,
By.: John A. Gilbert, Managing Member
Twin Lakes LLC
STATE OF WASHINGTON
ss.
COUNTY OF SKAGIT
PARTY OF THE SECOND
Gilbert Family Properties, L.L.C.
111�� � 11 q
I certify that I know or have satisfactory evidence that JOHN A. GILBERT is the person
who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it as the • managing member of TWIN LAKES LLC to be the free and voluntary act
#f such party for the uses and purposes mentioned in the instrument.
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DATED this Za day of March, 2021.
otary Public in andTor flig State of Washington
e *d' si ing at'.
Commission expires on: gL
11111111 qo
STATE OF WASHINGTON
ss.
COUNTY OF SKAGIT
I certify that I know or have satisfactory evidence that PETER A. GILBERT is the person
who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it as the managing member of GILBERT FAMILY PROPERTIES, L.L.C. to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
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DATED this 9,� day of March, 2021.
Notary Public in and -for tqx�State of Washington
Residing at: VvAoun� V`Zrvityl,
My Commission expires on:n.
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EXHIBIT "A"
Legal Description — TWIN LAKES LLC
That portion of the Northwest quarter of the Northwest quarter of Section 13, Township 21
North, Range 3 East, Willamette Meridian, in King County, Washington, described as follows:
Commencing at the northwest corner of said section-,
Thence South 89'04'07" East along the north line of said section 410.67 feet;
Thence South 0'55'53" West 75.00 feet;
Thence South 8'32'13" West 97.55 feet to the true point of beginning-,
Thence South 89'04'07" East 131.95 feet;
Thence South 54'11'24" East 180.00 feet to the northwesterly margin of Southwest 320th
Street, as now established 84.00 feet in width;
Thence South 35'48'36" West along said street margin 271.18 feet to the beginning of a curve
to the right with a radius of 530.96 feet;
Thence southwesterly along said curve through a central angle of 7'46'10" an arc distance of
72.00 feet;
Thence North 46'25'14" West 115.00 feet;
Thence South 53'37'02" West 145.00 feet-,
Thence North 26'20'42" seconds West 53.00 feet-,
Thence North 27'10'26" East 306.18 feet-,
Thence North 8'3 2'13 " East 70.3 7 feet to the point of beginning
EXHIBIT "B"
Map - TWIN LAKES LLC
11/11/2020 King, WA - geoAdvantage by Sentry Dynamics
This map/plat is being furnished as an aid in locating the herein described land In relation to adjoining streets,
natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title
insurance is expressly modified by endorsement, if any, the company doesnot insure dimensions, distances,
location of easements, acreage or other matters shown thereon-
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Legal Description — GILBERT FAMILY PROPERTIES,
EAT PORTION OF iHE NORTHWEST QUARTER 1. THE NORTHWEST QUARTER
OF SECTION 13, TO
WNSHIP NORTH,
RANGE
FOLLOWS:IN KING COUNTY, WASHINGTON, DESCRIBED AS
EXHIBIT "D"
Map — Gilbert Family Properties, L.L.C.
This map/plat is being furnished as an aid in locating the herein described #and in relation to adjoining streets,
natural boundaries and rather ?and, and is not a survey of the land depicted, Except to the extent a policy of title
insurance is expressly modified by endorsement, if any, the company does not insure dimensions, distances,
Location of easements, acreage
or other matters shown thereon.
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