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1.2. Grantee owns that certain real property formerly known as 2718 Walnut St, <br /> Everett, Washington, 98201 and legally described as follows ("Grantee Property"): <br /> LOT 28, BLOCK 638, SWALWELL 'S SECOND ADDITION TO EVERETT, WASHINGTON, <br /> ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME.3 OF PLATS,PAGE 11,RECORDS <br /> OF SNOHOMISH COUNTY,WASHINGTON. <br /> SITUATE IN THE COUNTY OF SNOHOMISH,STATE OF WASHINGTON. <br /> 1.3. The Grantor Property and the Grantee Property are adjacent to one another <br /> and share a common boundary. The Grantee Property is uphill from the Grantor Property. <br /> A portion of the Grantor Property has historically been used by Grantee Property for <br /> support of a retaining wall on the Grantor property. <br /> 1.4 Grantor and Grantee have agreed that Grantor will grant an easement to <br /> Grantee as set forth in this Agreement. Grantee has paid Grantor $3,450 as compensation <br /> for the easement granted in this Agreement. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the mutual promises between the parties <br /> and other valuable consideration, the parties agree as follows: <br /> 2. Grant of Easement; Scope. Subject to the terms and conditions herein, <br /> Grantor hereby grants to Grantee an exclusive perpetual easement(the"Easement")upon, <br /> over,under and across that portion of Grantor's Property legally described on the attached <br /> Exhibit A and depicted on the attached Exhibit B (the "Easement Area") to use such <br /> Easement Area for all lawful purposes, except that: (1) such use shall not interfere with <br /> Grantor's use of Grantor's Property and shall be in accordance with all applicable laws; (2) <br /> no permanent structures may be constructed, built, installed, maintained or placed within <br /> the Easement Area except the existing house (which Grantee may maintain in perpetuity) <br /> a portion of which is in the Easement Area and except for fence(s), retaining wall(s), <br /> walkways or similar structures in accordance with applicable laws and(3)Grantor may use <br /> the Easement Area from time to time as temporary work area for Grantor's maintenance of <br /> the alley and sewer main, but such temporary use does not include excavation or <br /> installation of any permanent structure in the Easement Area.. <br /> 3. Running with the Land;Easement Appurtenant. This Agreement and all <br /> the covenants and agreements herein shall run with the land and be binding on and inure <br /> to the benefit of the respective successors and assigns of the parties and all future owners <br /> of the Grantor Property and the Grantee Property. The Easement is appurtenant to the <br /> Grantee Property. <br /> Easement Agreement -2- <br />