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2020/04/29 Council Agenda Packet
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2020/04/29 Council Agenda Packet
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Council Agenda Packet
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4/29/2020
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• <br /> grantor hereby grants to the grantee the right to erect and maintain on said land all works, <br /> structures,appliances,and equipment necessary or convenient for quality sampling and testing <br /> and water level observations in the said well: <br /> • <br /> Legal description of property where well is found. <br /> 2.Duly authorized representatives,employees,or agents of the grantee shall have a right of <br /> ingress and egress over the Servient Estate forthe and 106th Placeurposes �Southeast paragraphed in e 1 above. The <br /> point of access shall include 7th Avenue Southeast <br /> representatives,employees,or agents shall to the extent practical take this route to and from the <br /> well unless otherwise directed by the grantor.See Exhibit No. 1. <br /> 3.All tools,equipment,structures,and improvements placed in or upon said lands by the grantee <br /> shall remain in the property of the grantee and may be removed by it at any time. <br /> 4. This easement shall remain in full force and effect for 20 years. This easement may thereafter <br /> be extended upon the mutual written agreement of the parties.If either party does not intend to <br /> agree to extend this easement beyond the Initial Term,that party shall endeavor to provide notice <br /> of such intention not to renew no later than 1 year before the expiration of the initial term. <br /> Failure to provide timely notice shall not be deemed an agreement to renew. <br /> 5. If the grantee ceases to use the well on the Servient Estate,grantee shall notify grantor of the <br /> same and promptly thereafter the grantee shall record with the Auditor of Snohomish County a <br /> relinquishment of the rights to grantee granted herein.Upon the termination or abandonment of <br /> • <br /> the well by grantee, grantee's right to access and use the Servient Estate shall cease and any <br /> interests conveyed hereby shall revert to the grantor,its successor,or assigns.Upon termination <br /> or abandonment of the well by grantee, grantor shall properly decommission the well according <br /> to procedures specified in the Washington State Department of Ecology"Minimum Standards or <br /> Construction and Maintenance of Wells,"WAC 173-160. <br /> 6. Upon decommissioning the well,Tag Number APR240,the grantee agrees to remove from the <br /> Servient Estate all tools, equipment, structures or improvements outside of the well casing placed <br /> there by the grantee. <br /> 7. Each party shall be solely responsible for the negligence <br /> easementprovidedtsemployees <br /> hployees and/or authorized <br /> representatives resulting from access under <br /> erein. <br /> 8. The obligations of this agreement shall extend to and be binding upon the heirs,executors, <br /> representatives,administrators,successors,or assigns of the parties. <br /> 9. Only the authorized agent/representative or authorized agent/representative's delegate by <br /> writing(delegation to be made prior to action)shall have the express,implied, or apparent <br /> authority to sign, alter,amend,modify, or waive any clause or condition of this contract. <br /> Furthermore,any alteration,amendment,modification,or waiver or any clause or condition of <br /> this contract is not effective or binding unless made in writing and signed by the authorized agent <br /> or representative. <br /> EASEMENT TO THE STATE OF WASHINGTON <br /> Page 2 of 4 9 <br />
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