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• <br /> 7 <br /> RECORDING REQUESTED BY: <br /> AND WHEN RECORDED MAIL TO: <br /> REAL PROPERTY MANAGER <br /> 3200 CEDAR STREET <br /> EVERETT, WA 98201 <br /> (BY AND FOR THE BENEFIT OF THE CITY) <br /> [Space above this line for Recorder's use] <br /> AGREEMENT AND GRANT OF EASEMENT <br /> This AGREEMENT AND GRANT OF EASEMENT (the"Agreement"), dated <br /> October 27, 2009 for reference purposes only, is entered into by and between Verizon Northwest <br /> Inc., a Washington corporation ("Verizon"), and the City of Everett,a Washington municipal <br /> corporation(the"City"),with reference to the following facts: <br /> A. Verizon is the owner of certain real property located at 1800 40 Avenue, <br /> Everett,Washington, and as more particularly described in Exhibit"A"attached hereto(the <br /> "Verizon Property"). <br /> B. The City desires to use a portion of the Verizon Property to construct a <br /> pedestrian/bicycle trail("Trail"),located east of Colby Avenue along 41st Street and more <br /> particularly described herein. Verizon is willing to grant a perpetual easement to the City for the <br /> operation and maintenance of the Trail on the terms and conditions more specifically set forth in <br /> this Agreement. <br /> NOW, THEREFORE, for valuable consideration,receipt of which is hereby <br /> acknowledged,the parties agree as follows: <br /> 1. Grant of Easement. Verizon hereby grants to the City a perpetual <br /> easement, subject to Verizon's rights as set forth herein,to construct, maintain and operate the <br /> Trail (the"Easement") in, along and across that certain portion of the Verizon Property described <br /> in Exhibit`B-1" attached hereto and as shown on the diagram attached hereto as Exhibit"B-2" <br /> ("Easement Area"). <br /> \7456498.3 <br /> 24 <br />