Benson and Wolken Properties LLC 11/13/2018

TO HAVE AND TO HOLD this right-of-way and easement unto the CITY OF EVERETT, its successors and assigns, and GRANTOR hereby binds itself, its successors and assigns to warrant and forever defend, all and singular, the EASEMENT ROW unto the CITY OF EVERETT, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that the CITY OF EVERETT shall have the right to excavate and fill upon the EASEMENT ROW, any fences, buildings or other obstructions as may now be found upon the EASEMENT ROW. It is further intended that the permanent right-of-way and easement granted herein to the CITY OF EVERETT shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR's successors and assigns, and this grant is expressly excepted from any right of reversion of the EASEMENT ROW upon any prior deed in GRANTOR's chain of title. The permanent right-of-way and easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. The cost and responsibility for the construction, inspection, reconstruction, maintenance, improvement and repair of the road improvements within the above-described EASEMENT ROW shall be borne by the CITY OF EVERETT, as indicated by its authorized signatures hereto. In addition, as further evidenced by its authorized signatures hereto, the CITY OF EVERETT shall indemnify and hold harmless BENSON & WOLKEN, its employees and agents, from any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorney's fees, incurred by BENSON & WOLKEN to the extent arising from the negligent or intentional acts or omissions of the CITY OF EVERETT with respect to its duties and responsibilities as above provided for the construction, inspection, reconstruction, maintenance, improvement, and repair of the road improvements within the above-described EASEMENT ROW. IN WITNESS WHEREOF this DEDICATION OF INGRESS/EGRESS & UTILITY EASEMENT is executed this a day of /9c7o/3e2— , 2014. 2 PFH\03221\0060\00758062.VI