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r <br />If to Grantee: WASHINGTON STATE DEPT. OF TRANSPORTATION <br />Real Estate Services Office <br />243 Israel Rd. SE <br />Tumwater, WA 98501 <br />8. Miscellaneous. <br />A. Successors; Benefit; Runs with the Land. The easements granted under this <br />Agreement shall benefit and constitute easements appurtenant to the Benefited Property. The <br />rights and obligations of the Parties and the easements granted under this Agreement run with the <br />land and shall inure to the benefit of Grantee and its respective successors and assigns, and shall <br />be binding upon Grantor and its successors, assigns, employees, invitees, mortgagees, lessees and <br />sublessees and each and every person who shall at any time have any ownership interest or rights <br />in the Property. <br />B. Assignment; Use of Easement Improvements by Third Parties. Grantee may <br />assign this Agreement to any state agency or municipal or public corporation within the political <br />boundaries of the State of Washington. Grantee shall not allow any other party, except assignees, <br />to use the Easement Improvements or Easement Area without the prior written consent of the <br />Grantor. Any use of the Easement Improvements by third parties approved by the Grantor shall <br />at a minimum include the obligations set forth above in Sections 4 through 7. <br />C. Entire Agreement. This Agreement governs the entire easement, replaces and <br />supersedes the Easement dated December 28, 2005, and recorded under Snohomish County <br />Auditor's file No. 200601300746, and that former easement shall be of no further force and <br />effect. <br />Executed on the date set forth above. <br />GRANTOR: <br />CITY of EVERETT, a municipal <br />corporation of the State of Washington <br />RAY STEPHANSON, Mayor <br />ATTEST BY: <br />Sharon Marks, City Clerk <br />J �' <br />Accepted and Approved: <br />GRANTEE: <br />STATE OF WASHINGTON <br />Dep:®r <br />ransportation <br />By:% <br />Gera d L. Gallinger <br />Director, Real Estate 4vices <br />Date: � � /7 sot d <br />Page 5 of 7 <br />FA No. F-005( ) <br />Project No., A00543N <br />Parcel No. 1-22361 <br />