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and egress from said property and across adjacent property of Grantor and the right <br /> to use adjacent property of Grantor as reasonably necessary for the purpose of piling <br /> dirt and providing trench stabilization during the construction, reconstruction, <br /> operation,maintenance and repair of the aforesaid improvement or facility, and for <br /> no other purpose. The Easement is granted subject to any and all restrictions, <br /> covenants, easements, licenses,permits, leases, and other encumbrances of record, <br /> if any, relating to the Grantor's Property. <br /> The Easement is over and across a tract of land situated in the County of Snohomish, State of <br /> Washington, and the Easement area is legally described in Exhibit "A" attached hereto (the <br /> "Easement Area") and incorporated herein by reference and is depicted on Exhibit"B" attached <br /> hereto and incorporated herein by reference. <br /> This Easement is granted subject to and conditioned upon the following terms, conditions <br /> and covenants which both Grantor and City hereby promise to faithfully and fully observe and <br /> perform: <br /> 1. Subject to the terms and conditions of this Agreement, Grantor and City shall at all <br /> times conduct their respective activities and all other activities conducted on the Grantor's Property <br /> so as not to interfere with, obstruct or endanger the usefulness of any improvements, or other <br /> facilities,now or hereafter maintained in the Easement Area(whether owned by Grantor or City), <br /> or in any way interfere with, obstruct or endanger the use of the Easement by City or the use of <br /> the Grantor's Property by Grantor, its tenants, agents, assigns, employees, grantees, licensee's, <br /> lessor's or successors in interest. <br /> 2. Prior to any construction, work or any other activity within the Easement Area, <br /> notification and plans for the same shall be submitted in writing by the party planning to conduct <br /> such activity to the other party. No such construction, work or activity by either party shall be <br /> commenced unless it can be demonstrated to the reasonable satisfaction of the party not performing <br /> the work that such construction,work or activity does not and will not unreasonably interfere with <br /> -2- <br />