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Public Utility District No. 1 of Snohomish County 10/30/2024
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Public Utility District No. 1 of Snohomish County 10/30/2024
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Last modified
11/8/2024 10:52:56 AM
Creation date
11/8/2024 10:52:47 AM
Metadata
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Contracts
Contractor's Name
Public Utility District No. 1 of Snohomish County
Approval Date
10/30/2024
Council Approval Date
10/30/2024
End Date
10/30/2024
Department
Real Property
Department Project Manager
Darcie Byrd
Subject / Project Title
Distribution Agreement at Edgewater Park
Tracking Number
0004580
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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An easement five feet (5') wide lying 2.5 feet on each side of the following described line: <br /> Commencing at the Northwest corner of the above described real property, thence Northeast, <br /> parallel to Shore Avenue, a distance of 55.73 feet to the True Point of Beginning; <br /> Thence Southeast, perpendicular to Shore Avenue, a distance of 8 feet and the terminus of said <br /> line. <br /> See Exhibit "A" attached hereto and by this reference made a part hereof, for graphic depiction of <br /> anchor easement location. <br /> This Easement for Down-guy and Anchor only. <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 use the <br /> Easement Area in a manner that does not interfere with the Grantee's use of the Easement Area, and/or <br /> present a hazard to Grantee's anchor and down-guy. The Owner shall not construct or permit to be <br /> constructed any structures of any kind in the Easement Area that may interfere with or present a hazard to <br /> anchor or down-guy without prior approval of the Grantee. <br /> 4. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said Easement <br /> Area and keep the same clear of all brush, debris and trees. <br /> 5. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to cut, <br /> slash, or trim and remove brush, timber or trees from the Easement Area which in the opinion of Grantee <br /> constitute a hazard to said anchor or down-guy or the Grantee's access thereto. Trees, brush or other <br /> growth shall be deemed hazardous to the anchor or down-guy or access of the Grantee when they are of <br /> such a height that they could, upon falling, strike the nearest edge of the Easement Area at a height of <br /> more than fifteen feet(15'). Except in emergencies, Grantee shall, prior to the exercise of such right, identify <br /> such trees and make a reasonable effort to give Owner prior notice that such trees will be trimmed or <br /> removed. <br /> 6. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees and <br /> structures removed from the Easement Area and the Property pursuant to Sections 4 and 5 shall be vested <br /> in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by <br /> Owner as full compensation for said removed brush, debris, trees and structures. Owner shall be entitled <br /> to request fallen timber be set aside for Owner's personal use. Grantee shall make reasonable effort to set <br /> aside said fallen timber provided doing the same is safe in Grantee's sole opinion. Title to any fallen timber <br /> set aside in this manner shall revert to the Owner. <br /> 7. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged by <br /> Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly as <br /> reasonably possible to its existing condition prior to said exercise of its rights. <br /> 8. Title to Property. The Owner represents and warrants having the lawful right and power to sell <br /> and convey this Easement to Grantee. <br /> 9. Binding Effect. This Easement and the rights and obligations under this Easement are intended <br /> to and shall run with the Property and shall benefit and bind the Parties and their respective heirs, <br /> successors and assigns. <br /> 10. Governing Law and Venue. This Easement shall be governed by and construed in accordance <br />
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