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referred to as "Grantor," and the City of Everett, a municipal corporation under the laws of the <br /> State of Washington,hereinafter referred to as "City." <br /> Grantor owns that certain real property legally described in Exhibit"C"attached hereto(the <br /> "Grantor's Property"). In consideration of mutual benefits to be derived and in consideration of <br /> the performance of the covenants, terms and conditions hereinafter set forth, Grantor hereby <br /> conveys to City the following described easement(the "Easement"): <br /> A non-exclusive perpetual easement across, along, in, upon and under that portion <br /> of the Grantor's Property described on the attached Exhibit "A" for the purpose of <br /> constructing, replacing, operating, maintaining, and repairing utility pipelines, and <br /> appurtenances thereto (together, the "Easement Improvements"); together with <br /> the right of ingress to and egress from the Easement Area (defined below) and <br /> across the Grantor's Property as reasonably necessary for the purpose of utilizing <br /> the Easement,and for no other purpose. The Easement is granted subject to any and <br /> all restrictions, covenants, easements, licenses, permits, leases, and other <br /> encumbrances of record as of the recording of this Agreement, if any, relating to <br /> the Grantor's Property. <br /> The Easement is over and across a tract of land situated in the County of Snohomish, State of <br /> Washington, and the Easement area is legally described in Exhibit "A" attached hereto (the <br /> "Easement Area") and incorporated herein by reference and is depicted on Exhibit"B" attached <br /> hereto and incorporated herein by reference. <br /> The Easement is granted subject to and conditioned upon the following terms, conditions, <br /> and covenants which both Grantor and City hereby promise to faithfully and fully observe and <br /> perform: <br /> 1. Subject to the terms and conditions of this Agreement, Grantor and City shall at <br /> all times conduct their respective activities and all other activities conducted on the Grantor's <br /> Property so as not to interfere with, obstruct or endanger the usefulness of any improvements, or <br /> -2- <br /> 112280032.4 0073013-00041 <br />