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EASEMENT <br /> The easement is over and across a tract of land situated in the County of Snohomish, State of <br /> Washington, and the easement is as legally described in Exhibit B and as generally depicted in <br /> Exhibit C attached hereto and incorporated herein by this reference. <br /> This easement is granted subject to and conditioned upon the following terms, conditions and <br /> covenants: <br /> 1. Grantor shall at all times conduct its activities and all other activities conducted on <br /> Grantor's property so as not to interfere with, obstruct or endanger the usefulness of any <br /> improvements, or other facilities, now or hereafter maintained upon the easement, or in any way <br /> interfere with, obstruct or endanger the City's use of the easement. <br /> 2. Prior to any construction, work or any other activity by Grantor within the easement, <br /> notification and plans for the same shall be submitted in writing to the City by Grantor and no <br /> such construction, work or activity by Grantor shall be commenced without City's prior written <br /> agreement that the Grantor's proposed construction, work or activity will not interfere with the <br /> City's easement granted herein; PROVIDED, HOWEVER, any changes or revisions in the plans <br /> shall also be subject to City's prior agreement. PROVIDED, FURTHER, however, that <br /> construction, work or any other activity specific to a parking lot or a drive aisle shall not be <br /> restricted and shall not require the consent of the City. The City's review of the Grantor's plans <br /> under this easement shall not be deemed to impose any duty or obligation on the City to <br /> determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's <br /> construction, work or activity is in conformance with other applicable plans, codes and <br /> regulations. Further, agreement by the City to such construction, work or activity shall not in <br /> any manner be considered as imposing any obligation, duty or liability upon the City as to the <br /> safety or propriety of such construction, work or activity. <br /> I:\k-o\KI ERNAN\EverettFXFPurchase\Easement W ater0 52217GMS.docx <br /> 2 <br />