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Port of Everett 6/19/2019 (3)
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Port of Everett 6/19/2019 (3)
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Last modified
8/8/2019 10:33:15 AM
Creation date
8/8/2019 10:33:09 AM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
6/19/2019
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Amended Public Access Easement Lot 4
Tracking Number
0001957
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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B. The Grantor and Grantee are parties to the Riverside Business Park Public <br /> Access Agreement dated December 28, 2015, as amended ("Public Access Agreement"). <br /> In accordance with that agreement, certain public access improvements have been or will be <br /> constructed in Riverside Business Park. In connection with that Public Access Agreement, <br /> the Grantor and Grantee executed and recorded a prior public access easement recorded <br /> under AFN 201601140210. <br /> C. The purpose of this Agreement is to completely supersede and replace the prior <br /> easement and for the Grantor to dedicate an easement to the City for public access on a <br /> portion of the Property for low-impact recreational activities, such as walking, hiking, bird- <br /> watching, and bicycling("Low Impact Public Use"). <br /> AGREEMENT <br /> For good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, Grantor and the City agree as follows: <br /> 1. Public Access Dedication and Easement. Grantor hereby dedicates and grants <br /> the public a perpetual easement across, along, in, and upon the portion of the Property <br /> described and shown in Exhibits A and B hereto (such portion, the "Easement Area") for <br /> use for Low-Impact Public Use, together with (a) the right of the City within the Easement <br /> Area to construct, install, inspect, repair, operate, maintain, renew, and replace <br /> improvements in furtherance of Low-Impact Public Use (including, but not limited to, the <br /> Public Access Improvements as defined below), (b) the right of the City to ingress and <br /> egress across the Property from time to time for purposes of such construction, installation, <br /> inspection,repair,operation,maintenance, renewal, and replacement, and(c)the right of the <br /> City to cut and remove brush, trees or other debris and as reasonably necessary for <br /> such ingress and egress. This easement is referred to in this Agreement as the "Public <br /> Access Easement." <br /> 2. Public Access Improvements / Easement Adjustment. Contemporaneously <br /> with this Agreement, Grantor and Grantee have recorded against the Property a Public <br /> Access Covenant and Agreement (the "Covenant"), which requires construction of certain <br /> public access improvements on the Property within the Easement Area (the "Public Access <br /> Improvements"). The Covenant also contains provisions that in certain circumstances allow <br /> for adjustment or termination of this Agreement. <br /> 3. Grantor's Use of Property. Grantor is prohibited from using of any <br /> portion of the Easement Area in a manner that interferes with or obstructs or <br /> endangers the usefulness of the Public Access Improvements or the Public Access <br /> Easement. Grantor reserves all other rights to use the Easement Area and Property, so <br /> long as Grantor's use does not interfere with use of the Public Access Improvements or <br /> the Public Access Easement. Prior to any construction or any other activity that <br /> requires use of the Easement Area that may be reasonably anticipated to affect the use <br /> of the Easement Area, Grantor shall notify the City in writing and shall provide the City <br /> 2 <br />
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