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<br /> EXHIBIT "B"
<br /> EASEMENT AGREEMENT
<br /> FOR PACIFIC AVENUE/ECLIPSE MILL ROAD
<br /> (C&M Agreement)
<br /> THIS EASEMENT AGREEMENT FOR ("Easement Agreement") is made and
<br /> entered into as of the day of 20 ("Effective Date"), by and between BNSF RAILWAY
<br /> COMPANY, a Delaware corporation ("Grantor"), and the CITY OF EVERETT, a political subdivision of the State
<br /> of Washington ("Grantee").
<br /> A. Grantor owns or controls certain real property situated at or near the vicinity of Everett, County
<br /> of Snohomish, State of Washington, at Mile Post 0.65, [Project# 084605T], as described or depicted on Exhibit
<br /> "A" attached hereto and made a part hereof(the"Premises").
<br /> B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
<br /> dated as of concerning improvements on or near the Premises
<br /> (the"C&M Agreement").
<br /> C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
<br /> Easement Purpose (as defined below).
<br /> D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set
<br /> forth in this Easement Agreement.
<br /> NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein,
<br /> the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of
<br /> which are hereby acknowledged, the parties agree as follows:
<br /> Section 1 Granting of Easement.
<br /> 1.1 Easement Purpose. The"Easement Purpose"-shall be for the purposes set forth in the C&M
<br /> Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to
<br /> herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict
<br /> accordance with the terms of this Easement Agreement and the C&M Agreement.
<br /> 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement("Easement") over
<br /> the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
<br /> all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
<br /> whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
<br /> local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders,
<br /> including Environmental Laws(defined below) and zoning laws (collectively, "Laws"),. Grantor may not make
<br /> any alterations or improvements or perform any maintenance or repair activities within the Premises except in
<br /> accordance with the terms and conditions of the C&M Agreement.
<br /> 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor
<br /> and any other parties who may obtain written permission or authority from Grantor:
<br /> (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate
<br /> any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or
<br /> structures of like character(collectively, "Lines") upon, over, under or across the Premises;
<br /> Form 704; Rev. 01/05/2007
<br /> 1d
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