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� �°Py r <br /> fQCelJfd� �� <br /> PROTEC170N OF ClTY RIGHT-OF-WAY AGREEMENT T,"` Sele> <br /> s �� <br /> 35th 3treet Pedestrien Aece�wey <br /> � THIS AGREEMENT entered into this day of , � <br /> 1981, by and between the City of Everett, a municipal corporation wder the laws <br /> o� the State of Weshington, hereinafter referred to as "City,' and Jack Ii. Whiteley <br /> and Iris Clare Whiteley, husband and wife, d/b/e Tanglin, hereinatter referred to as <br /> "Tanglin:' <br /> WITNESSETH : <br /> WHEREAS, Tanglin desires to use a portion of the City right-of-way for <br /> purposes of constructing s pedestrian accesswey at 35th Street adjacent to the <br /> Tenglin building at Colby Street elevation. <br /> WHEREAS, the portion 5' 0" in width of the City right-of-way which Tanglin <br /> desires to use is described as an area lying adjacent to and immediately northerly <br /> of the following described property which belongs to Tanglin and is located in the <br /> County of Snohomish: <br /> Parcel A: <br /> Lots 2 to 9, inclusive, Block 7, Fridey's First Addition to Everett, <br /> according to plat thereof recorded in Volume 3 of Plats, page 34, <br /> records of Snohomish County, Washington; Except the West 15 feet <br /> thereof. <br /> Parcel B: <br /> Lot 1, Rlock 853, Plat of Everett, Division "H;' according to plat <br /> thereof recorded in Volume 4 of Plats, pege 50, records of Snohomish <br /> County, Washington; �xcept any portion thereof taken by the City of <br /> Everett for widening of Colby Avenue. <br /> ,�� <br /> NOW, THEREFORE, Tanglin agrees as follows: <br /> 1. Tanglln agrees to use only that portion of the City right-of-wny <br /> which is described above and the area above such described right-of-way. <br /> 2. Tanglin agrees to submit to the City plans which cover all work which <br /> Tanglin does on or above City right-of-way end to have seid plans approved by the <br /> City prior to commeneement of nny work thereof, such epprovel not to be <br /> unreasonably withheld. <br /> 3. Tanglin agrees to bc solely responsible and liable for any and ell <br /> disruption of public systems caused by Tanglin's construction. <br /> 4. As a materisl consideration to the City for entering into this <br /> Agreement, and without which the City would not enter into same, Tanglin agrees J <br /> to, and hereby does, release, indemnify, and save harmless the City, its officers, <br />