2006/09/13 Council Agenda Packet

4 EASEMENT The easement is over and across a tract of land situated in the County of Snohomish, State of Washington, and the easement is described as follows: See Exhibit "A" attached hereto and incorporated herein by reference. This easement is granted subject to and conditioned upon the following terms, conditions and covenants: 1. Grantor shall at all times conduct its activities and all other activities conducted on Grantor's property so as not to interfere with, obstruct or endanger the usefulness of any improvements, or other facilities, now or hereafter maintained upon the easement, or in any way interfere with, obstruct or endanger the City's use of the easement without first obtaining written approval of the City, which approval shall not be unreasonably withheld 2. Prior to any construction, work or any other activity by Grantor within the easement, notification and plans for the same shall be submitted in writing to the City by Grantor and no such construction, work or activity by Grantor shall occur without City's prior written consent, which consent shall not be unreasonable withheld; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to City's prior written consent. The City shall respond in writing within ten (10) days of City's receipt of such notification and plans from Grantor. If the City does not consent, the City will provide a written explanation in its response. The City's review of the Grantor's plans under this easement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, consent by the City to such construction, work or activity shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction, work or activity. 2 1