2006/05/24 Council Agenda Packet

13 TEMPORARY EASEMENT the widening of the existing I-5 overpasses with said elevated easement subject to that certain Construction and Maintenance Agreement,I-5 Everett HOV Overpasses (RR MP 1782.46, LS 37 and RR MP 0.15, LS 408) Everett, Washington dated as of January 25, 2006, (the "C&M Agreement"). If and when BNSF acquires the Easement premises, the terms of the C&M Agreement are incorporated herein as if fully set forth in this instrument which terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever. reason, no longer in effect. The parties acknowledge that the C&M Agreement includes access restrictions to portions of BNSF's adjacent property and those restrictions will also apply to all rights of access of the Grantee to the Easement premises and all land within the BNSF Triangle (as defined in the C&M Agreement), whether any such right of access is or was granted pursuant to this Easement or any easement or other document, and this Easement shall so amend any other such access rights to the extent related to the property restricted in the C&M Agreement. If and when BNSF acquires the Easement premises, the improvements contemplated in this Easement must be maintained in strict compliance with the plans and specifications approved by BNSF as set forth in said C&M Agreement. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington, unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation,by its Director of Real Estate Services. Date: , 2006 THE CITY OF EVERETT, a Washington municipal corporation By: Its: By: Its: ATTEST: By: Page 2 of 6 pages Parcel No. 1-22125 112