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EAS�MENT
<br />Grantor, Dennis Gustafson and Kaihleen Ciustafson, husband and wife, as owner of the
<br />��eal property commonly known as 1215 Madrona Avenue, Everett, Washingion, located in the
<br />County of 5nohomish, State of Washingtoxi, and more particularly described in Exhibit 1.2
<br />attached hereto and by t�iis reference incorporated herein (the "Gustafson Property"), for good
<br />and valuable cunsideration, receipt of which is hereby acl:nowtedged, hercby grants and conveys
<br />unto Grantee, Robert Packer and Heidi Packer, husband and wiie, as owner of the real praperty
<br />commonly known as 1209 Madrona Avenue, Everett, Wasllington, located in the Caunty of
<br />Snohomish, State of Washington, and more paziicularly described in Exhibit 1.1 attached hereto
<br />and by this reference incor}�orated herein (the "Pacicer Property"), the Easernent described
<br />herein, over and upon thaf limited portion of the Gustafson Property described in Exhibit "A"
<br />attached hereto and by this reference incorporated herein (the "Easement Area"), upon the
<br />conditions and subject to the covenants hereinafter set farth.
<br />Putpose and Use of Easemeiit. Grantee sl�all have the right and obligatian to
<br />construct, repair, replace, maintain, and modify or make additians, as reasonably
<br />necessary, from time to time, witliin the Easement Area, the portions of �ve {5)
<br />Existing Retaining VJalls located thereir�, iogether with existing drainage systen7s
<br />and three (3) existing Drainage Pipelines, and to further constnict an add'ztional
<br />new retaining wall ("Ne�v Wall") and to place erosion control matexial and deep-
<br />rooted plants in the "1'lanted Area" /"Pianter Acea," and to atherwise prop�rly
<br />maintain and / or repair all the property within the easement area, all as more
<br />particularly depicted on the dxawzia.g wl�ich is part of said Exhihit "A" hereto,
<br />together with the right to enter onlyo uver a�id upon the northern 1/3`d of property
<br />described in. Exhibit 1.2 as reasonably necessary for access to the Easement Area
<br />for the limited giu-pose of underialcing the work conternplated by the foregoing
<br />�asement. "I'his access to the northern 1/3`d partion of Grantor's property
<br />described in Exhibit 1.2 shall inean access to the northern portion of Grantor's
<br />property exclusively by way of the northern portion of Grantee's praperty. 1'his
<br />access is not intended to grant any access to the southern 2/3rds of Grantor's
<br />property described in Exhibit 1.2. Grantee shall not cut, damage, remove or
<br />destroy any vegetation on grantor's property unless necessary as park of grantees'
<br />obligation to construct, repair, replace, maintain, and modify or make additions,
<br />as reasonably necessary, frorn time ta time, within the Easein�nt Area consistent
<br />with the purpose of this easement, and Grantee, except as provided for herein,
<br />shall fully restore grantor's property if grantees' access resuits in vegetation being
<br />cut, daniaged, removed ar destroyed. Grantee shali also maintain the garden
<br />encraachment area consistent with the hi.storical use of that portion of the
<br />easement (normal trimming and upkeep). 'I'his �asement shall run with and be
<br />appurtenant to the Yacker Property in perpetuity. Grantees will abide all rules
<br />and regulations of thc Critical Axeas Ordinance and obtain all permits, in advance,
<br />as rnay be required by any governmental a�ency for any work wit}zin the
<br />easement area.
<br />GPC\I665310001\00759560 VI Y ��
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