Port of Everett 3/8/2019 - Laserfiche WebLink

The Easement is over and across a tract of land situated in the County of Snohomish, State of Washington, and the Easement area is legally described in Exhibit "A" attached hereto and incorporated herein by reference and is depicted on Exhibit "B" attached hereto and incorporated herein by reference. This Easement is granted subject to and conditioned upon the following terms, conditions and covenants which both Grantor and City hereby promise to faithfully and fully observe and perform: 1. Grantor shall at all times conduct its activities and all other activities conducted on Grantor's property so as not to interfere with, obstruct or endanger the usefulness of any improvements, or other facilities, now or hereafter maintained upon the Easement, or in any way interfere with, obstruct or endanger the City's use of the Easement. 2. Prior to any construction,work or any other activity by Grantor within the Easement, notification and plans for the same shall be submitted in writing to the City by Grantor. No such construction, work or activity by Grantor shall be commenced unless the Grantor can demonstrate to the satisfaction of the City Engineer that such construction, work or activity does not and will not interfere with the City's Easement rights and has obtained the City Engineer's prior written approval, which approval shall not be unreasonably withheld, delayed, or conditioned. PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to the City Engineer's prior approval, which approval shall not be unreasonably withheld, delayed, or conditioned. The City's review of the Grantor's plans under this Easement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans,codes and regulations. Further,agreement by the City to such construction, 2