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10 <br /> EASEMENT FOR USE OF CITY PROPERTY <br /> I. Definitions <br /> A. "City"means the City of Everett, a municipal corporation organized under the laws of the <br /> State of Washington. <br /> B. "Grantee"means Timothy Mooney, owner of the real property located at 6930 Diversion <br /> Dam Road, Sultan, WA 98294. <br /> C. "Grantee's Property"means that property more specifically described in Exhibit A and <br /> delineated on the map attached as Exhibit B,commonly known as 6930 Diversion Dam Road, <br /> Sultan, WA 98294. <br /> D. "City Property" means that property more specifically described in Exhibit C and <br /> delineated on the map attached as Exhibit B. <br /> E. "Lake Chaplain Road"and"Diversion Dam Road"are City roadways approximately <br /> identified by global positioning system ("GPS")coordinates described in Exhibit D (easement <br /> area). The parties understand and agree that the GPS coordinates are accurate to within <br /> approximately Z feet. In the event the GPS coordinate marking the centerline is different from <br /> a surveyed centerline point or the road as it actually exists,the surveyed centerline point or <br /> center of the road as it actually exists shall be considered to be the correct centerline or center. <br /> II. Background <br /> A. The City and Grantee each desire to use the other party's property to access their own <br /> property. Grantee's Property consists of a segment of Diversion Dam Road. Diversion Dam <br /> Road lies off of Lake Chaplain Road. One segment of City Property is that part of Diversion <br /> Dam Road that goes from Lake Chaplain Road to Diversion Dam Road's terminus at the South <br /> line of the Lake Bronson property. Another segment of City Property is that part of Diversion <br /> Dam Road that goes from the North line of the Lake Bronson property to the Road's south <br /> terminus with the south line of the Grantee's property. In any event the Parties have used the <br /> Lake Chaplain and Diversion Dam Roads as described in Exhibit D to access their respective <br /> parcels of real property. It is the intent of this easement to grant each other the continued right to <br /> use the road/easement as described herein. <br /> B. Each party is willing to grant the other party an easement to use its property for access on <br /> certain terms and conditions. <br /> III. Representations <br /> A. Grantee represents and warrants that it owns Grantee's Property,that Grantee's Property <br /> is residential in nature, that Grantee does not and will not conduct any business or commercial <br /> operation from Grantee's Property that could reasonably be expected to result in traffic by <br /> vehicles with a gross vehicle weight exceeding twenty-eight thousand (28,000)pounds more <br /> often than once each calendar month. <br /> B. City represents that it owns the City Property. <br /> 61 <br />