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BLOCK TO THE SOUTHWEST CORNER OF SAID BLOCK 3 AND THE NORTH RIGHT OF WAY
<br /> LINE OF SAID 36TH STREET, THENCE NORTH 88°04'55" WEST, 370.90 FEET ALONG SAID
<br /> NORTH RIGHT OF WAY TO THE POINT OF BEGINNING.
<br /> ALSO KNOWN AS NEW LOT 11 OF CITY OF EVERETT BOUNDARY LINE ADJUSTMENT NUMBER
<br /> 05-008 RECORDED UNDER AUDITOR'S FILE NUMBER 200608210287 AND AS DELINEATED ON
<br /> RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 200608215004.
<br /> Situate in the County of Snohomish,State of Washington
<br /> WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over,
<br /> under, upon and through the Property.
<br /> NOW, THEREFORE, the Parties agree as follows:
<br /> 1. Distribution Easement. Owner, for good and valuable consideration, receipt of which is
<br /> hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
<br /> assigns, a non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct,
<br /> erect, reconstruct, alter, improve, extend, repair, operate, and maintain underground electric distribution
<br /> lines and facilities, Grantee-owned communication wires and cables, and other necessary or convenient
<br /> appurtenances necessary for District use, across, under, and upon the following portion of Owner's
<br /> Property(hereinafter"Easement Area"):
<br /> Commencing at the SW corner of said new Lot 11,thence S88°04'55"E along the south line
<br /> of said new Lot 11,a distance of 145 feet to the Point of Beginning; thence continuing along said
<br /> south line 40 feet; thence N0°55'05"E, a distance of 20 feet; thence N88°04'55"W a distance of 40
<br /> feet; thence S0°55'05"W a distance of 20 feet to the Point of Beginning.
<br /> 2. Access To and Across Property. Grantee has the right of ingress to and egress from the
<br /> Easement Area across the adjacent Property of Owner where same is reasonably necessary for the
<br /> purpose of exercising its easement rights described in Section 1.
<br /> 3. Owner's Reservation of Rights and Use-of Easement Area. Owner reserves the right to
<br /> use the Easement Area in a manner that does not interfere with the Grantee's use of the Easement
<br /> Area, and/or present a hazard to Grantee's electric distribution lines and facilities, communication wires
<br /> and cables, and other appurtenances. The Owner shall not construct or permit to be constructed any
<br /> structures of any kind in the Easement Area without prior approval of the District.
<br /> 4. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
<br /> Easement Area and keep the same clear of all brush, debris and trees as provided herein.
<br /> 5. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
<br /> cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
<br /> constitute a hazard to said lines and facilities, communication wires and cables, and other
<br /> appurtenances or the Grantee's access thereto. Trees, brush or other growth shall be deemed
<br /> hazardous to the lines or facilities or access of the Grantee when they are of such a height that they
<br /> could, upon falling, strike the nearest edge of the Easement Area at a height of more than fifteen feet
<br /> (15'). Except in emergencies, Grantee shall, prior to the exercise of such right, identify such hazards
<br /> and shall coordinate and obtain Owner's permission prior to removal of any such hazards.
<br /> 6. Title to Removed Trees, Vegetation and Structures. The title to all brush, debris, trees
<br /> and structures removed from the Easement Area and the Property pursuant to Sections 4 and 5 shall be
<br /> vested in the Grantee, and the consideration paid for this Easement and rights herein described is
<br /> accepted by Owner as full compensation for said removed brush, debris, trees and structures. Owner
<br />
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