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CITY
<br /> EASEMENT AGREEMENT
<br /> FOR GRAND AVENUE PARK BRIDGE(16th Street)
<br /> (C&M Overpass Agreement)
<br /> THIS EASEMENT AGREEMENT FOR A ED STRIAN O RPA /UTI ITY BRIDGE_ ("Easement
<br /> Agreement") is made and entered into as of th n� day ofr LpTJ.?1�J-�/� 2016 ("Effective
<br /> Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and THE CITY OF
<br /> EVERETT, a political subdivision of the State of Washington("Grantee").
<br /> A. Grantor owns or controls certain real property situated at or near the vicinity of Everett, County of
<br /> Snohomish, State of Washington, at Mile Post 34.28,on LS 50 as described or depicted on Exhibit"A"attached
<br /> hereto and made a part hereof(the"Premises").
<br /> B. Grantor and Grantee have entered into that certain Construction and Maintenance Overpass
<br /> Agreement dated as of ,4c' L /7— 42q/ 2016, concerning improvements on or near the
<br /> Premises(the"C&M Agreement").
<br /> C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
<br /> Easement Purpose(as defined below).
<br /> D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set
<br /> forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which
<br /> terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever
<br /> reason, no longer in effect.
<br /> NOW,THEREFORE,for and in consideration of the foregoing recitals which are incorporated herein,the
<br /> mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of
<br /> which are hereby acknowledged,the parties agree as follows:
<br /> Section 1 Granting of Easement.
<br /> 1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
<br /> Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to
<br /> herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict
<br /> accordance with the terms of this Easement Agreement and the C&M Agreement.
<br /> 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive permanent easement
<br /> ("Easement")over the Premises for the Easement Purpose and for no other purpose. The Easement is granted
<br /> subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of
<br /> whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all applicable
<br /> federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative
<br /> decisions and orders, including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),.
<br /> Grantor may not make any alterations or improvements or perform any maintenance or repair activities within the
<br /> Premises except in accordance with the terms and conditions of the C&M Agreement.
<br /> 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor
<br /> and any other parties who may obtain written permission or authority from Grantor:
<br /> (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
<br /> relocate any existing pipe, power, communication, cable, or utility lines and
<br /> appurtenances and other facilities or structures of like character (collectively, "Lines")
<br /> upon, over, under or across the Premises;
<br /> (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
<br /> relocate any tracks or additional facilities or structures upon, over, under or across the
<br /> Premises; and
<br /> Form 704CM; Rev. 08/17/11
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