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TEMPORARY DISPOSAL EASEMENT DEED
<br />THE GRANTOR, City of Everett, a municipal corporation of Washington State, for and
<br />in consideration of the dredge material being deposited upon Grantor's property as permitted
<br />by this easement and other good and valuable consideration the receipt and sufficiency of which
<br />are hereby acknowledged, conveys and warrants to the Grantee, Port of Everett, a Washington
<br />public port district, its successors, assigns, agents, representatives, licensees, contractors, and
<br />subcontractors, a temporary and assignable easement and right-of-way in, on, over and across
<br />the land described in the Exhibit Map (Exhibit A) and Legal Description (Exhibit B), herein
<br />after called the "Easement Area ' (collectively, the "Easement").
<br />The Easement is for the purpose of use by the Grantee, its representatives, agents and
<br />contractors, including the right to deposit fill, spoil and waste material dredged from the
<br />Snohomish River Channel thereon, move, store and remove equipment and supplies, and erect
<br />and remove temporary structures on the land and to perform any other work necessary and
<br />incident to the construction, operation and maintenance of the Everett Harbor and Snohomish
<br />River Channel Project, together with the right to trim, cut, fell and remove therefrom all trees,
<br />underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of
<br />the Easement Area; reserving, however, to the landowners, their heirs and assigns, all such
<br />rights and privileges as may be used without interfering with or abridging the rights and
<br />easement hereby acquired; subject however, to existing easements for public roads and
<br />highways, public utilities, railroads and pipelines.
<br />In no event will Grantee deposit material containing hazardous substances as defined under
<br />Federal law on Grantor's property.
<br />The Grantee may authorize use of this Easement by the U.S. Army Corps of Engineers, as well
<br />as Grantee's successors, assigns, agents, representatives, licensees, contractors, and
<br />subcontractors.
<br />This Easement commences on July 1, 2025, and terminates on February 29, 2028 Upon
<br />termination of this Easement, Grantee shall leave the H asement Area in a level, rough -graded
<br />condition, and shall remove all equipment, debris, and other materials from the Easement Area,
<br />excepting however that Grantee may leave all or a portion of the dredged material placed in the
<br />Easement Area subject to this Easement.
<br />This Easement supersedes and replaces the previous easement recorded under No.
<br />202001090615, as amended.
<br />[signature page follow]
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