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A 411(.8
<br /> AFTER RECORDING RETURN TO:
<br /> Public Utility District No.1 of Snohomish Count y
<br /> Attn: Real Estate Services-04
<br /> P.O.Box 1107
<br /> Everett,WA 98206
<br /> SNOIMM191 COUNTY
<br /> 1180(Rev.3/92) DISTRIBUTION EASEMENT E-
<br /> Undergro and and/or Overhead NW 30(2805)/JAS
<br /> (381250/06) R/W 15353 16663
<br /> THIS INDENTURE made this day of 20 ,between
<br /> CITY OF EVERETT,a Washington municipal corporation
<br /> hereinafter referred to as Grantor,PUBLIC UTILITY DISTRICT NO.1 OF SNOHOMISH COUNTY, and Frontier
<br /> Communications Northwest Inc, hereinafter referred to as Grantee;and
<br /> hereinafter referred to ac Mortgagee,WITNESSETH:
<br /> WHEREAS,Grantor is the owner of certain lands and premises situated in the County of Snohomish,State
<br /> of Washington,described as follows:
<br /> Tract 31,Piet of Silver Acres No.2,according to the plat thereof recorded in Volume 15 of Plats,page 56,
<br /> records of Snohom ish County,Washington. •
<br /> Situate in the Cou my of Snohomish,State of Washington.
<br /> Tax Parcel No.00-5737-000-031-00 (A portion of NW 30-28-05)
<br /> AND WHEREAS,the Grantee is desirous of acquiring certain rights and privileges across,over, under and
<br /> upon the said lands and premises.
<br /> NOW,THEREFORE, Grantor,for and in consideration of the sum of One Dollar($1.00)and other valuable
<br /> consideration, receipt of which is hereby acknowledged, hereby conveys and grants to Grantee, its agents,
<br /> contractors,successors and assigns,the perpetual right, privilege, and authority to construct,erect,alter,improve,
<br /> extend, repair,operate,and maintain electric distribution line facilities consisting of poles and/or structures and/or
<br /> underground,semi-buried,and ground-mounted facilities,or combinations thereof,with necessary braces,guys,and
<br /> anchors, and to install or place upon or suspend from such poles or facilities, distribution wires, insulators,
<br /> cross-arms,transformers,and other electrical equipment,communication wires and/or cables,and other necessary
<br /> or convenient appurtenances,across,over,under and upon the following described lands and premises situated in
<br /> the County of Snohomish,State of Washington,to-wit t.
<br /> That portion of the above-described property being a strip of land 10 feet in width having 5 feet of such width
<br /> on each side of a centerline described as follows:The centerline of Grantee's facilities as now constructed
<br /> and located by Global Positioning Survey and as approximately shown on the attached drawing marked
<br /> Exhibit"A". The exterior boundaries of said easement being widened accordingly to provide Grantee 8 feet
<br /> of easementarea adjoining all sides of Grantee's groun d-mounted transformers and/or vaults as
<br /> approximately shown on Exhibit"A".
<br /> Together with the right of ingress to and egress from said lands across adjacent lands of the Grantor,for the
<br /> purpose of constructing,reconstructing,repairing,renewing,altering,changing,patrolling and operating said line,and
<br /> the right at any time to remove said facilities from said lands.
<br /> Also the right at all times to cut and/or trim all brush,timber,trees or other growth standing or growing upon
<br /> the lands of Grantor which, in the opinion of Grantee, constitute a menace or danger to said line or to persons or
<br /> • property by reason of proximity to said line. Grantor and the heirs, successors, or assigns of Grantor hereby
<br /> covenant and agree not to construct or permit to be constructed any structures of any kind on the easement area
<br /> without approval of the District. Except for emergencies, Grantee will notify Grantor at least
<br /> 72 hours prior to cutting, trimming, or removing said trees and/or vegetation.
<br /> The Grantor and the heirs, successors or assigns of Grantor covenant and agree not to do any blasting or
<br /> discharge any explosives within a distance of three hundred(300)feet of said line without giving reasonable notice in
<br /> writing to the Grantee,its successors or assigns,of intention so to do.
<br /> The rights, title,privileges and authority hereby granted shall continue to be in force until such time as the
<br /> Grantee, its successors or assigns,shall permanently remove said poles,wires and appurtenances from said lands,
<br /> or shall otherwise permanently abandon said line,at which time all such rights,title,privileges and authority hereby
<br /> granted shall terminate. Grantor may, at Grantor's option, require that the facilities be
<br /> removed and/or relocated. Removal of the facilities shall result in an automatic
<br /> termination of the easement agreement. If relocated, the new location of the
<br /> facilities and revised easement agreement shall be mutually agreed upon by Grantor and
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