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AFTER RECORDING RETURN TO:
<br /> Public Utility District No.1 of Snohomish County
<br /> P.O.Box 1107
<br /> Everett, WA 98206
<br /> Lf D
<br /> Rev.4/93
<br /> WATER LINE EASEMENT
<br /> Grantor:Public Utility District No.1 of Snohomish County
<br /> Grantee:City of Everett,a Municipal Corporation of the State of Washington
<br /> Legal Description: Portion of the Southeast quarter of the Southwest quarter of Section 19,Township 28 North,
<br /> Range 5 East, W.M. and a portion of the Northeast quarter of the Northwest quarter of Section 30,Township 28
<br /> North,Range 5 East,W.M.
<br /> Tax Parcel ID Nos.: 28051900100700&28053000200200
<br /> In the matter of: 112th Street SE
<br /> 1. In consideration for payment of the sum of Ten Dollars and other good and valuable consideration,receipt
<br /> of which is hereby acknowledged, PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY,a Washington
<br /> corporation ("Grantor"), hereby grants and conveys, by way of quitclaim, unto CITY OF EVERETT, a municipal
<br /> corporation of the State of Washington ("Grantee"),a non-exclusive,perpetual waterline easement, subject to the
<br /> approval of Grantor as to location and grade,to construct,install,operate,modify,maintain and repair an eight-inch
<br /> water system in, under and upon a portion of that certain property of Grantor known as the Pacific Northwest
<br /> Traction Company Right-of-Way, said portion (the 'Easement Property") being more particularly described as
<br /> follows:
<br /> Beginning at the Intersection of the west line of the old Pacific Northwest Traction Company right of way
<br /> (now owned by the Public Utility District No.1 of Snohomish County)and the south right of way line of 1127
<br /> Street SE,thence southwesterly along the west line of the old Pacific Northwest Traction Company right of
<br /> way line for a distance of 1,970 feet more or less to a point,said point also being approximately 100 feet
<br /> southwest of the northeast corner of Lot 51,Plat of Silver Acres No.2,Volume 15 Page 56 of plats,records
<br /> of Snohomish County as measured along the west line of the old Pacific Northwest Traction Company right
<br /> of way,thence southeasterly at right angle to said west line of old Pacific Northwest Traction Company for a
<br /> distance of 10 feet, thence northeasterly adjacent to and parallel with the said west line of old Pacific
<br /> Northwest Traction Company for a distance of 1,970 feet more or less to intersect the south right of way line
<br /> of 112th Street SE,thence west along the south right of way line of 112th Street SE to the point of beginning.
<br /> SITUATE IN SNOHOMISH COUNTY,WASHINGTON.
<br /> In addition to the easement described above, Grantee shall be permitted to occupy portions of Grantor's Right-of-
<br /> Way adjoining said easement to the extent necessary to complete construction and installation of the waterline
<br /> described in Section 1 herein, provided that such permission to occupy shall cease upon installation of such
<br /> improvement; and provided further that such temporary occupancy of additional portions of Grantor's property shall
<br /> be subject to all of the terms and conditions set forth herein.
<br /> 2. In partial consideration for the easement rights granted herein,Grantee hereby agrees not to make or levy
<br /> any charges or assessments whatsoever against Grantor or any of Grantor's property for,in connection with or as a
<br /> result of any of Grantee's improvements in,under or upon the Easement Property. Without in any way limiting the
<br /> foregoing,if for any reason Grantor is required to pay any charge or assessment for,in connection with or as a result
<br /> of any of such improvements, Grantee shall immediately pay to Grantor, as additional consideration for the
<br /> easement rights granted herein,an amount equal to the total amount of such charge or assessment.
<br /> 3. Grantee hereby agrees that no construction, installation, modification, maintenance or repair may be
<br /> performed in,under or upon the Easement Property by or on behalf of Grantee unless and until(i)Grantor shall have
<br /> been furnished with a complete and correct copy of,and shall have approved in writing,the plans and specification
<br /> relating to such proposed construction,installation,modification,maintenance or repair and(ii)any contractor to be
<br /> involved in any such construction, installation, modification,maintenance or repair shall have applied for and been
<br /> granted a Limited Use Permit (Special Conditions); provided, however, that In the event that any emergency
<br /> maintenance or repair shall be required in,under or upon the Easement Property,Grantee shall be entitled to carry
<br /> out such maintenance or repair without prior approval by Grantor so long as Grantee notifies Grantor of such
<br /> maintenance or repair as soon as practicable after commencement thereof. Without in any way limiting any of the
<br /> foregoing, Grantor shall have no responsibility or liability whatsoever for, in connection with or as a result of any
<br /> construction,installation,operation,modification,maintenance or repair by or on behalf of Grantee.
<br /> 4. Grantee acknowledges that the Easement Property is now and will in the future continue to be used by
<br /> Grantor for utility purposes, including but not limited to the transmission of high voltage electricity and the
<br /> construction,installation and maintenance of power lines using trucks and other heavy equipment. Grantee hereby
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