2011/09/14 Council Agenda Packet

17 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES PETER GOLDMARK, Commissioner of Public Lands ROAD USE PERMIT Permit No. 55-087454 THIS PERMIT,made and entered into this day of , 2011, by and between CITY OF EVERETT, herein called the "Grantor," and the State of Washington, acting by and through the Depal intent of Natural Resources,herein called the "Grantee." Conveyance. Grantor, for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee, for the purpose of administrative access, timber haul, reforestation, and plantation maintenance access, a nonexclusive permit to use a road over and across a strip of land,hereinafter defined as the "premises," in the S2NE4, E2SE4 of Section 25, Township 29 North, Range 7 East, W.M., in Snohomish County, State of Washington. The location of said premises located approximately as shown on Exhibit A, attached hereto. Said premises shall be confined to such widths as indicated on Exhibit A. The word premises,when used herein,means a strip of land whether or not there is an existing road located thereon. The word "road" shall mean roads now existing or hereafter constructed on the premises, or any segment of such road. The permit is subject to the terms and conditions hereinafter set out. Consideration. The consideration is as follows: $2,365.00. The consideration is not due until thirty days after the Grantee enters into a timber sale contract for the Repercussion Timber Sale. Prior to payment, Grantee shall be limited to administrative use of the road. No commercial hauling will occur until the consideration is paid in full. In the event that the Grantee is granted a perpetual easement over this road within two (2)years of the t-iinination date of this permit, the Grantee shall be entitled to a credit in the amount of two thousand, three hundred sixty five and no/100 Dollars ($2,365.00), which shall be applied to the consideration to be paid for the easement. Termination. This permit shall terminate September 30, 2015, or earlier when requested by the Grantee; provided,however, that this permit may be suspended or terminated upon the breach of any of the conditions herein. Reservations. Grantor reserves all rights incident to fee ownership of the premises and the profits thereon(including timber) and the right of use for any purpose including but not limited to the right to remove profits within the premises; the right at all times to cross and re-cross the premises at any place on grade or otherwise; and the right to use, maintain,patrol, reconstruct or repair the premises. Grantor may grant to third parties any and all rights reserved. Private to State RUP Page 1 of 7 Road Use Permit No.55-087454 1 ? ?