6727 EVERGREEN WAY 2016-01-01 MF Import

�� a�H x� y zH � H� �H� C/� H LT1 O � H t7 Ht-��o 4] V �] 9H� y t rH gy �d� �� zym H O cn <',751'PR ' �478 - NEC Evergreen Way & Madison Evcre!t, 1VA 2/27/91 CONSTRUCTION AND SLOP� EAS�M�NT AGI��bICNT "1'1IIS CONSTRUCTION AND SLOPB EASEMEhT AGREEMENT (",4greement") is made and entered into as o£ this lst day of March, 1991, by and between 'I'im f<;unmcrs ("Grantor"), and Albertson's, Ine., a Deluware corporation ("Albertson's"), RECITALS: n. Gra:uor is the owner of fce simple title to that certain real properly located in the Cin� of Everett, Counry of Snohomish, State of Washingron, more particularly described� in Schedule I attached hereto and incorporated herein by this reference ("Grantor Tract"). B. Albertson's is the owner of fee simple title to that certain real property located in ihc Ciry of L'-verett, County of Snohomish, State of Washington, more particularly describad in Schedule II attached hereto and incorporated herein by this reference ("Albertson's Tract"). Albertson's intends to construct a supermarket aad other facilities over portions of thc Albertson's Tract. C. The parties desire to establish a construction and slope easement over portion: of tlie Grantor Tract for the bencfit of the Albertson's Tract, all as more particularly provided herein. AGREGM�NTS; NO\V, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is k;ereby acknowledged, the parties hereby agree as followst ]. Grant of Easement. Grantor hereby grants, conveys and warrants to Albertson's, fnr the henefit of and as an appurtenance to the Albertson's Tract, a non•exclusive cascment over, across, and under that portion of the Grantor Tract more particularly cicscribed in Schedule I-A attached herato and incorporated herein by this reference ("I�ascmcnt Area") for the construction and placement of a retaining wall and all appurtenances and improvements related thereto all as described in those certain plans and specifications identified on ExhiUit "A" hereto ("Plans and Specifications"). Grantor ;tcknowledges that it has reviewed and approved the Plans and Specifications and the scope of the work dcscribed therein (collectively, the "Slope Work"). Grantor hereby represents and «�arrants that it has the sole and full right, power and authority to grant and convey this cascmcnt and to enter into this Agreement, 2. Construction and Restoratfon � Siope \Vork to completion and shall perfo; �. Albertson's shall diligently prosecute the c Slope Work in a good and workmanlike u