2005/09/21 Council Agenda Packet

6 After recording mail to: Real Property Manager Facilities/Property Management Department 3200 Cedar Street Everett, WA 98201 W.O. # Tax Account Number Legal Description EASEMENT THIS AGREEMENT is made this day of September, 2005, between Steadfast Everett I, LLC, a Delaware limited liability company, Steadfast Everett II, LLC, a Delaware limited liability company, Steadfast Everett III, LLC, a Delaware limited liability company, Steadfast Everett IV, LLC, a Delaware limited liability company, Steadfast Everett V, LLC, a Delaware limited liability company, Steadfast Everett VI,LLC, a Delaware limited liability company, as tenants in common, hereinafter referred to as "Grantor," and the City of Everett, a municipal corporation under the laws of the State of Washington, hereinafter referred to as "City." In consideration of mutual benefits to be derived and in consideration of the performance of the covenants, terms and conditions hereinafter set forth, Grantor hereby conveys the following easement: An exclusive easement across, along, in, upon and under Grantor's property described below for the purpose of constructing, reconstructing, operating, maintaining and repairing a recreational trail corridor, including and not limited to, sidewalk and utility facilities; and including all appurtenances attached thereto, together with the right of ingress to and egress from said property and across adjacent property of the Grantor and the right to use adjacent property of the Grantor for the purpose of conforming grades, piling dirt and providing trench stabilization during the construction, reconstruction, operation, maintenance and repair the aforesaid improvement or facility, provided said construction, reconstruction, maintenance and repair does not substantially interfere with Grantor's business operations conducted on the property or with Grantor's use and quiet enjoyment of its property. 6