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, CITY
<br /> TEMPORARY DISPOSAL EASEMENT DEED
<br /> THE GRANTOR, City of Everett,a municipal corporation of Washington State, for and
<br /> in consideration of the dredge material being deposited upon Grantor's property as permitted
<br /> by this easement and other good and valuable consideration the receipt and sufficiency of which
<br /> are hereby acknowledged, conveys and warrants to the Grantee, Port of Everett, a Washington
<br /> public port district, its successors, assigns, agents, representatives, licensees, contractors, and
<br /> subcontractors, a temporary and assignable easement and right-of-way in, on, over, and across
<br /> the City Property depicted in Exhibit "A", hereinafter the "Easement Area" (collectively, the
<br /> "Easement"). The Easement is for the purpose of the deposition, disposal, and subsequent
<br /> removal of dredge material excavated from the Snohomish River Channel and to perform any
<br /> other work necessary and incident to the construction of the Everett Harbor and Snohomish
<br /> River Projects, together with the right to trim, cut, fell and remove therefrom all trees,
<br /> underbrush, obstructions, and any other vegetation, structures or obstacles, within the limits of
<br /> the Easement Area; reserving, however, to the landowners, their heirs and assigns, all such
<br /> rights and privileges as may be used without interfering with or abridging the rights and
<br /> easement hereby acquired; subject, however, to existing easements for public roads and
<br /> highways, public utilities, railroads and pipelines.
<br /> The Grantee may authorize use of this Easement by the U.S. Army Corps of Engineers, as well
<br /> as Grantee's successors, assigns, agents, representatives, licensees, contractors, and
<br /> subcontractors.
<br /> This Easement is for a period of two years, commencing on December 31, 2019, and
<br /> terminating on December 31, 2021. Upon termination of this Easement, Grantee shall leave the
<br /> Easement Area in a level, rough-graded condition, and shall remove all equipment, debris, and
<br /> other materials from the Easement Area, excepting however that Grantee may leave all or a
<br /> portion of the dredged material placed in the Easement Area subject to this Easement.
<br /> [signature page follow]
<br /> 104402931.1 0073013-00047
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