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perpetual easement for utility purposes (the "Easement") upon the easement area legally <br /> described in Exhibit A attached hereto and identified as the waterline easement description and <br /> generally depicted on Exhibit B attached hereto (the "Easement Area"): <br /> A non-exclusive perpetual easement over, across, along, in, upon and under the <br /> Easement Area for the purpose of planning, surveying, engineering, constructing, <br /> reconstructing,operating, maintaining and repairing one or more water utility lines <br /> and all appurtenances thereto;together with the right of ingress to and egress from <br /> the Easement Area and across property adjacent to the Easement Area and owned <br /> by Grantor for the purpose of piling dirt and providing trench stabilization during <br /> the construction, reconstruction, operation, maintenance and repair the aforesaid <br /> improvement or facility. <br /> These water utility lines and appurtenances thereto are collectively referred to herein as the <br /> "Water Lines." Pursuant to a Bill of Sale between Grantor and Grantee, Grantor conveyed the <br /> Water Lines currently installed in the Easement Area to Grantee. Grantor reserves the right to <br /> use the Easement Area for any purpose, so long as such use does not interfere with the rights <br /> granted to the City hereunder. City acknowledges and agrees that Grantor may use the <br /> Easement Area for a marine terminal. City acknowledges and agrees to comply with any <br /> applicable federal or state laws, rules, and restrictions regarding access to or use of the <br /> Property, including but not limited to customs and border patrol laws, or restrictions required <br /> by the Department of Ecology("Ecology"). <br /> 2. No Interference with the Use of Easement Area. <br /> (a) Grantor and its representatives, employees, agents, contractors, <br /> licensees and/or guests (collectively,the "Grantor Parties") shall not interfere with, obstruct or <br /> endanger the City's use of the Easement Area, or in any way interfere with, obstruct or <br /> endanger the usefulness of any Water Lines or improvements located thereon. Regardless any <br /> other provision to the contrary in this Agreement, Grantor shall keep the Easement Area free of <br /> all permanent structures of any kind other than pavement. <br /> -2- <br />