2015/05/06 Council Agenda Packet

TEMPORARY CONSTRUCTION EASEMENT This instrument is made the day of ,2015,between the CITY OF EVERETT, a municipal corporation, under the laws of the State of Washington (hereinafter referred to as "Grantor") and BNSF Railway Company, (hereinafter referred to as "Grantee") for and in consideration of mutual benefits and other good and valuable consideration, Grantor does hereby convey and grant to Grantee, the temporary right,privilege and easement over, under, upon and across the hereinafter described lands for the purpose of providing access for construction activities related to BNSF's slope stabilization work near Pigeon Creek. The temporary rights herein granted shall terminate upon completion of construction activities or • on December 31,2016,whichever occurs first. The easement herein granted is located upon said lands owned by Grantor and being situated in Snohomish County,State of Washington,as generally depicted on Exhibit A attached hereto and included herein by reference to this agreement(the"Easement Area"). • This easement is granted subject to the general terms and conditions as follows and those more specific conditions as set forth in Exhibit B attached and incorporated herein by reference to this agreement which Grantee hereby promises to faithfully and fully observe and perform.In the event of any conflict between the general terms and conditions or the conditions listed in Exhibit B,the more restrictive condition(s)shall apply. _ 1. Use of Grantor's Property by Grantor: Grantee's rights herein shall at all times be subordinate to the rights of the Grantor. • 2. Grantee's Use and Activities: Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by Grantor of Grantor's property adjacent to the Easement Area and shall at all times conduct its activities on the Easement Area so as not to interfere with,obstruct or endanger the Grantor's operations,facilities or other utilities thereon.Grantee shall provide any safeguards and conduct its activities within the Easement Area as may be communicated to Grantee by the Grantor so as not to interfere with obstruct or endanger the Grantor's operations,facilities or other utilities. Grantee shall, at its expense, conform to all applicable laws, regulations, permits or requirements of any public authority affecting the Easment Area and the use thereof to the extent legally applicable. Upon request, Grantee shall supply Grantor with copies of permits or orders. 3. Coordination of Activities: Grantee shall give at least 10 days advanced written notice of the proposed dates of its • construction activities within the Easment Area to Grantor at the address in Section 15. The parties shall cooperate in the revision of such dates and/or the coordination of Grantee's activities with those of Grantor's if deemed necessary by Grantor to minimize conflicts,insure 51;R69R9 9 _ 50