6727 EVERGREEN WAY 2016-01-01 MF Import

�i�� ay C�I � H �?HxCn H ZH `� y z "�� H "�+'J CA H y r �o� �3 C r��1i [��] o y� V �q 9 H t�7 H � HH t7 C� oe� ��t�n z �-3 cn HOm ! i� � �d �.�sc��a CONSTRUCI'ION AND �'�478 - NEC Evergreen Way & Madison Everett, �VA 2/27/91 SLOP� EAS�MENT AGRE�MGNT '1'[�IIS CONSTRUCITON AND SLOPE EASEMENT AGREEMENT ("Agrcen;ent") is made and entered into as of thts lst day of March, 1991, by and between I,rdi,i O'Ncill ("Grantor"), and Albertson's, Inc., a Delaware corporation ("Albertson's"). It�CITALS; A. Grantor is the owner of fee simple title to that certain real property located in tlic City of �verett, County of Snohomish, State of Washington, more particularly describcd in Schedule I attached hereto and incorporated herein Uy this reference ("Grantor Tract"j, B. Albertson's is the owner of fee simple title to that certain real property located in ' iiic City of Everett, County of Snoho.;ilsh, Stnte of Washingtnn, more particularly described in Schedule II attached hereto and incorporated herein by this reference ("Albertson's TracC'). Albertson's intends to construct a supermarket and other facilities over portions of thc Albertson's Tract. C. The parties desire to establish a construction and slope easement over A�ortions oF the Grantor Tract for the benefit of the Albertson's Tract, all as more particularly provided herein. AGIt�EM�NTS: NO\V, THEREFORE, 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 follows: 1. Grant of Ensement. Grantor hereby grants, conveys and warrants to Albertson's, (or ehe benefit of and as an appurtenance to the Albertson's Tract, a non-exclusive easement over, across, and under that portion of the Grantor Tract more particularly described in Schedule I-A attached hereto and incorporated herein by this reference ("Gasement Area") for the construction and placement of a retaining wall and all appurtenances and improvements related thereto all as described in those certain plans �ind spccifications identified on Exhibit "A" hereto ("Plans and Specifications"), Grantor acknowledges that it has reviewed and approved the Plans and Specifications and the scope of the �ti�ork described therein (collectively, the "Slope Work"). Grantor hereby represents and warrants that it has the sole and full right, power and authority to grant and convey this cascment and to enter into this Agreement. 2, Construction nnd Restoration Work Albertson's shall diligently prosecute the Slope �Vork ro completion and shall perform the Slope Work ;n a good and workmanlike