3313 OAKES AVE C 2020-07-14 - Laserfiche WebLink

„ r• EASEMENT AGREEMENT This Easement Agreement ("Agreement") is executed this 12 day of April, 2017, by Rainier Building Corporation, a Washington corporation formerly known as Washington State Council of County and City Employees Building Corporation("Grantor"). RECITALS WHEREAS, Grantor is the owner of the parcel located on that certain real property commonly known as 3305 Oakes Avenue, Everett WA 98201 (the "Grantor's Property"), legally described on Exhibit"A"attached hereto, and 3313 Oakes Avenue,Everett WA 98201 ("Grantee's Property"), legally described on Exhibit "B" attached hereto, each of Exhibit A and Exhibit B incorporated herein by this reference; WHEREAS, Grantor desires to establish an easement over, under and across a portion of the Grantor's Property as legally described in Exhibit"C"(the"Easement Area")and depicted in Exhibit"D" for vehicular and pedestrian ingress, egress and utilities for the benefit of the Grantor's Property and Grantee's Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration and the mutual covenants set forth below,the receipt and sufficiency of which is acknowledged,the Grantor agrees as follows: AGREEMENT 1. Grant of Access and Utility Easement. Grantor grants and conveys to the owner of Grantee's Property and their respective successors and assigns, a non-exclusive easement as described in Exhibit C and depicted in Exhibit D for the purposes of vehicular and pedestrian ingress and egress to Grantee's Property (the "Access Easement"), and installing, laying, constructing, renewing, operating and maintaining underground conduits, cables, pipe, and wires with necessary facilities and other equipment for the purpose of serving the Grantee's Property with electric,telephone,gas, television cable and other utility services together with the right to enter upon the Grantor's Property at all times for the purposes herein stated (the "Utility Easement"). The Access Easement and the Utility Easement are collectively referred to as the "Easement". 2. Maintenance. The owner of Grantee's Property ("Owner") shall be responsible for the cost of maintenance and repair of the Access Easement provided,however that Grantor and Owner shall each be responsible for the maintenance, repair and replacement of the Utility Easement and the utility lines solely serving their respective property,except where the Grantor and Owner share a utility line,in which case,the Grantor and Owner shall equally share the cost of the maintenance,repair and replacement. For purposes of this Agreement,"maintenance"shall be defined as keeping the Easement in reasonably good condition and in compliance with all government requirements. Each owner shall be solely responsible for the repair of any damage (other than ordinary wear and tear) caused by that owner or their invitees and licensees to the Easement. 3. Modification. In the event that the Grantor and Grantee desire to relocate or otherwise modify the location of the Access Easement, Grantor acknowledges that it must first seek approval for such modification from the City of Everett. -2-