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In consideration of mutual benefits to be derived and in consideration of the performance of <br /> the covenants,terms and conditions hereinafter set forth,Grantor hereby conveys to City the <br /> following described easement(the"Easement"): <br /> A twenty-foot wide non-exclusive perpetual easement across,along,in,upon <br /> and under that portion of the Grantor's Property described below for the <br /> purpose of constructing,reconstructing,operating,maintaining and repairing <br /> the Puget Sound Outfall and combined sewer and stormwater line, and <br /> appurtenances thereto (together, the "Easement Improvements"); together <br /> with the right of ingress to and egress from said property and across adjacent <br /> property of Grantor and the right to use adjacent property of Grantor as <br /> reasonably necessary for the purpose of piling dirt and providing trench <br /> stabilization during the construction,reconstruction, operation, maintenance <br /> and repair of the aforesaid improvement or facility, and for no other purpose. <br /> The Easement is granted subject to any and all restrictions, covenants, <br /> easements, licenses, permits, leases, and other encumbrances of record, if <br /> any, relating to the Grantor's Property. <br /> The Easement is over and across a tract of land situated in the County of Snohomish, State <br /> of Washington, and the Easement area is legally described in Exhibit "A" attached hereto <br /> (the "Easement Area") and incorporated herein by reference and is depicted on Exhibit <br /> "B" attached hereto and incorporated herein by reference. <br /> This Easement is granted subject to and conditioned upon the following terms, <br /> conditions and covenants which both Grantor and City hereby promise to faithfully and fully <br /> observe and perform: <br /> 1. Subject to the terms and conditions of this Agreement,Grantor and City shall <br /> at all times conduct their respective activities and all other activities conducted on the <br /> Grantor's Property so as not to interfere with, obstruct or endanger the usefulness of any <br /> improvements, or other facilities, now or hereafter maintained in the Easement Area <br /> (whether owned by Grantor or City), or in any way interfere with, obstruct or endanger the <br /> use of the Easement by City or the use of the Grantor's Property by Grantor, its tenants, <br /> agents, assigns, employees, grantees,licensee's, lessor's or successors in interest. <br /> 2 <br />