6727 EVERGREEN WAY 2016-01-01 MF Import

x C'H'-J [T7 C7 k��x 4" H ayc� y �H � H� � U1 H z � H �G H C��+7 O [�] Y �i > H� t-� H y ody �� zyw H O fA � e�s� 4 ��_��j I7tiliPR "I'I-IIS ��478 - N�C �vergreen �Vay & Madison �verett, WA 2/27/91 CONSTRUCTION AND SLOP� �AS�M�NT AGItE�M�NT CONSTRUCI'fON AND ST.OPE EASEMENT AGREEMENT ("Agrccment") is made and entered into as of this lst day of March, 1991, by and between atorgan I3urtlett ("Grantor"), and Albertson's, Inc., a Delaware cerporation ("Albertson's"). RECITALS: A. Granto: is the owner of fee simple title to that certain real prcperty located in tlic City of Everett, County of Snohomish, State of Washington, more particularly described in Schedule I attached hereto and incorporated herein by this refarence ("Grantor Tract"). B. Albertson's is the owner of fee simple title ;o that certain real property located in thc City of Everett, Counry of Snohomish, State of Washington, moreparticularly described in Schedule II attached hereto and incorporated herein by this reference ("Albertson's Tract"). Albertson's intends to construct a supermarket and other facilities over portions oF the Albertson's Tract, C. The parties desire to establish a construction and slope easement over portions of the Grantor Tract for the benefit of the Albertson'a Tract, all as more particularly pro��ded 'nerein AGRE�MENTS: NO�V, TH�R'cFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as folIows; 1. Grant of Ensement. Grantor hereby grants, conveys and warrants to Albertsor.'s, for thc benefit of and as an appurtenance to the Albertson's Tract, a non-exclusive ezscment over, across, and under that portion of the Grantor Tract more particularly ciescribed in Schedule I-A attached hereto and incorporated herein by this reference ("rese�nent Area") for the construction and placement of a retaining wall and all appurtenances and impro�•em:nts related thereto all as described se certain plans and specificalions identified on Exhibit "A" hereto ("Pians and Speciiications"). Grantor acknowledges that it has reviewed and approved the Plans and Specifications and the scope r�f ti�c work described therein (collectively, .ie "Slope Wurk"). Grantor hereby represents ,ind •.��ar, ants that i? has the sole and full right, po�ver and authority to grant and convey this casement an�' to enter into this Agreement. 2. Construction and Restoration Worl:. Albertson's sha:l diligendy prosecute the Slopc Wor}: to �ompletion and shall perform the Slope 1Vork. in a good and workmanlike