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The Easement is over and across a tract of land situated in the County of Snohomish, State of <br />• <br />Washington, and the Easement area is legally described and depicted in Exhibit "A" and <br />Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Area"). <br />The Easement is granted in connection with a bill of sale transferring the sanitary sewer <br />system and appurtenances thereto, from Grantor to City; which bill of sale is contemporaneous <br />with this Agreement. The Easement is granted subject to and conditioned upon the following <br />terms, conditions and covenants which both Grantor and City hereby promise to faithfully and <br />fully observe and perform: <br />1. Grantor shall at all times conduct its activities and all other activities conducted on <br />Grantor's property so as not to interfere with, obstruct or endanger the usefulness of any <br />improvements, or other facilities, now or hereafter maintained upon the Easement Area, or in any <br />way interfere with, obstruct or endanger the City's use of the Easement. <br />2 Prior to any construction, work or any other activity by Grantor within the <br />Easement Area, notification and plans for the same shall be submitted in writing to the City by <br />Grantor. No such construction, work or activity by Grantor shall be commenced unless the Grantor <br />can demonstrate to the satisfaction of the City Engineer that such construction, work or activity <br />does not and will not interfere with the City's Easement rights and has obtained the City Engineer's <br />prior written approval, which approval shall not be unreasonably withheld, delayed, or <br />conditioned. PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject <br />to the City Engineer's prior approval, which approval shall not be unreasonably withheld, delayed, <br />or conditioned. The City's review of the Grantor's plans under this Agreement shall not be deemed <br />to impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's <br />plans and designs nor whether Grantor's construction, work or activity is in conformance with <br />other applicable plans, codes and regulations. Further, agreement by the City to such construction, <br />2 <br />