2006/05/24 Council Agenda Packet

13 After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia,WA 98504-7338 Document Title: Temporary Easement Reference Number of Related Documents: N/A Grantor(s): City of Everett Grantee: State of Washington, Department of Transportation Legal Description: Ptns of Govt Lots 3 and 5, Section 29, T29N, R5E, WM Additional Legal Description is on Pages(s)5 & 6 of Document Assessor's Tax Parcel Numbers: 290529-004-006-00, 290529-004-010-00 and 290529- 001-023-00 TEMPORARY EASEMENT State Route 5,43rd St.Vic.to Pacific Ave. The Grantor,THE CITY OF EVERETT,a Washington municipal corporation,for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration, hereby conveys and grants •unto the State of Washington, Department of Transportation and its assigns under the imminent threat of the Grantee's exercise of its right of Eminent Domain, the right, privilege and easement over, upon, and across the hereinafter described lands for the purpose of providing a work area for adjacent highway construction- related activities. The temporary rights herein granted shall terminate on October 31,2007. Said lands being situated in Snohomish County, State of Washington, and described as follows: For legal description and additional conditions, see Exhibit A attached hereto and made a part hereof. The parties acknowledge that BNSF Railway Company ("BNSF') is in negotiations with Grantor to acquire certain land covered by this easement which land is referred to as Parcel 10 on the survey prepared for Grantor by Perteet Engineering, Inc., entitled."Right-of-Way Exchange" and dated 9-6-05 ("Parcel 10"). Parcel 10 includes the Easement premises. The Easement premises is adjacent to land owned by BNSF encumbered by an elevated easement to Grantee for FA No.F-005 () Project No.A00543M Page 1 of 6 pages Parcel No. 1-22125 111