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CITY
<br /> EASEMENT AGREEMENT
<br /> (RIVERSIDE OVERPASS)
<br /> THIS EASEMENT AGREEMENT FOR RIVERSIDE OVERPASS ("Easement Agreement") is made
<br /> and entered into as of the ot9'day of NOL, yl.,eo;r— 2018 ("Effective Date"), by and between BNSF
<br /> RAILWAY COMPANY, a Delaware corporation ("Grantor"), and THE CITY OF EVERETT, a first-class charter
<br /> city under the laws of the State 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 10.5 (LS 50) [Project# D.O.T. No. 085002Y], as described or
<br /> depicted on Exhibit "A" attached hereto and made a part hereof(the "Premises").
<br /> B. The Premises contain an existing overpass bridge structure that Grantee owns and that
<br /> Grantee intends to put to public use. The existing overpass bridge contains one 12 inch water pipeline, which
<br /> Grantee intends to operate. Grantee has requested that Grantor grant to Grantee an easement over the
<br /> Premises for the Easement Purpose (as defined below).
<br /> C. 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 an overpass for public use. Any
<br /> improvements to be constructed in connection with the Easement Purpose are referred to herein as
<br /> "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance
<br /> with the terms of this Easement Agreement and the Plans and Specifications (as hereinafter defined) approved
<br /> as set forth in Section 5.
<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 Laws (as hereinafter defined),
<br /> including without limitation zoning laws, regulations, and ordinances of municipal and other governmental
<br /> authorities, if any.
<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
<br /> relocate any existing pipe, power, communication, cable, or utility lines and
<br /> appurtenances and other facilities or structures of like character (collectively, "Lines")
<br /> upon, over, under or across the Premises;
<br /> (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
<br /> relocate any tracks or additional facilities or structures upon, over, under or across the
<br /> Premises; and
<br /> (c) to use the Premises in any manner as the Grantor in its sole discretion deems
<br /> appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
<br /> interference with the use of the Premises by Grantee for the Easement Purpose.
<br /> Form 701;Rev. 02/12/10
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