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PUD No. 1 of Snohomish County 9/23/2024
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PUD No. 1 of Snohomish County 9/23/2024
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Last modified
9/23/2024 3:20:59 PM
Creation date
9/23/2024 3:20:04 PM
Metadata
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Contracts
Contractor's Name
PUD No. 1 of Snohomish County
Approval Date
9/23/2024
Council Approval Date
9/18/2024
Department
Real Property
Department Project Manager
PAUL MCKEE
Subject / Project Title
Community Solar Proj Fiber Optic Line Easement
Tracking Number
0004521
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Other Real Property
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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side of the centerline of the Solar Project fiber optic lines as constructed, to be <br />constructed, or relocated within the Property as shown on attached and <br />incorporated Exhibit B. <br />2 Access To and Across Property Grantee has the right of ingress to and egress from the <br />Easement Area across the adjacent Property of Owner where same is reasonably necessary for the <br />purpose of exercising its easement rights described in Section 1. <br />3. Owner's Reservation of Rights and Use of Easement Area Owner reserves the right to <br />use the Easement Area in a manner that does not unreasonably interfere with the Grantee's use of the <br />Easement Area for Solar Project fiber optic lines or present a hazard to Grantee's Solar Project fiber optic <br />lines. <br />4. Owner Pre -Approval. Before any construction, alteration or improvement by Grantee or <br />its agents, contractors, successors or assigns under this Easement, Grantee shall provide the plans <br />therefor to Owner, and Grantee shall not begin construction, alteration or improvement until Owner has <br />approved such plans in writing, and after such approval all construction, alteration or improvement must <br />be in accordance with the approved plans. This approval is in addition to any permit or other municipal <br />requirements. <br />5. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged <br />by Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly <br />as reasonably possible to its existing condition prior to said exercise of its rights. <br />6.Relocation. The Owner may relocate the Easement Area to a different location on Owner's property at <br />any time. If the Owner determines to do this, the Owner will give written notice thereof to Grantee, and <br />then Grantee at Grantee's cost shall relocate all Grantee's improvements within the Easement Area to the <br />new Easement Area, and the Parties will execute and record an amendment to this Easement reflecting <br />the new Easement Area. <br />7. Easement Termination. This Easement terminates when the Lease terminates. At <br />Owner's request, Grantee will execute for recording a document evidencing the termination of this <br />Easement. At termination, Grantee will, unless otherwise requested by Owner, remove all Grantee's <br />Easement Area improvements and restore the Property as nearly as reasonably possible to its existing <br />condition prior to Grantee's exercise of its rights hereunder. <br />8. Binding Effect. This Easement and the rights and obligations under this Easement are <br />intended to and shall run with the Property and shall benefit and bind the Parties and their respective heirs, <br />successors and assigns. <br />9. Governing Law and Venue. This Easement shall be governed by and construed in <br />accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this <br />Easement shall lie in the Superior Court of Washington for Snohomish County, Washington. <br />10. Authority. Each party signing this Easement, if on behalf of an entity, represents that they <br />have full authority to sign this Easement on behalf of such entity. <br />11. Grantee Acceptance. By recording this Easement, Grantee hereby accepts all provisions <br />set forth under this agreement. <br />
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