2021/06/30 Council Agenda Packet

NOW, THEREFORE, the Parties agree as follows: 1. Distribution Easement. Owner, for good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect, reconstruct, alter, improve, extend, repair, operate, and maintain underground electric distribution lines and facilities, Grantee -owned communication wires and cables, and other necessary or convenient appurtenances, across, under, through and upon the following portion of Owner's Property (hereinafter "Easement Area"): That portion of the above -described property being a strip of land ten feet (10') in width having five feet (5') of such width on each side of the centerline of the existing PUD overhead easement as depicted on "EXHIBIT A" attached hereto and by this reference made a part hereof. 2. Access To and Across Property. Grantee has the right of ingress to and egress from the Easement Area across the adjacent Property of Owner where same is reasonably necessary for the purpose of exercising its easement rights described in Section 1. 3. Owner's Reservation of Rights and Use of Easement Area. Owner reserves the right to use the lands of the Easement Area for any lawful purposes so long as such use does not unreasonably interfere with the Grantee's rights hereunder.. 4. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to cut, slash, or trim and remove brush, timber or trees from the Easement Area which in the opinion of Grantee constitute a hazard to said lines and facilities, communication wires and cables, and other appurtenances or the Grantee's access thereto. Grantee will coordinate with Owner prior to the removal of any vegetation unless such vegetation poses an immediate hazard to persons or property. 5. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and structures removed from the Easement Area pursuant to Section 4 shall be vested in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by Owner as full compensation for said removed brush, debris, trees and structures. Owner shall be entitled to request fallen timber be set aside for Owner's personal use. Grantee shall make reasonable effort to set aside said fallen timber provided doing the same is safe in Grantee's sole opinion. Title to any fallen timber set aside in this manner shall revert to the Owner. 6. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged by Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly as reasonably possible to its existing condition prior to said exercise of its rights. 7. Binding Effect. This Easement and the rights and obligations under this Easement are intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs, successors and assigns. 8. Governing Law and Venue. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Easement shall lie in the Superior Court of Washington for Snohomish County, Washington. 9. Authority. Each Party signing this Easement, if on behalf of an entity, represents that they have full authority to sign this Easement on behalf of such entity. 10. Grantee Acceptance. By recording this Easement, Grantee hereby accepts all provisions set forth under this agreement.