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4402901 Easement, Telecommunications Mirabeau ParkUTU N ADDRESS: NEXTLINK :NC. 1330 N. WASHINGTON SPOKANE, WA. 99201 0,811811999 10:28A UNNR FIR Rankarm Co. TA TELECOMMUNICATIONS EASEMENT STATE OF WASHINGTON COUNTY OF SPOKANE The undersigned INLAND EMPIRE PAPER COMPANY, hereinafter referred to as ( "Grantor "), for and in consideration of Mutual Benefits /100 dollars (—S2 —00J and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants and conveys to NEXTLINK, a corporation whose address is 1330 N. Washington, Spokane, WA., its licensees, agents, successors and assigns ( "Grantee "), a right of way and perpetual easement ( "Easement ") ten feet (10' ) in width, to construct, install, operate, maintain, inspect, test, repair, alter, replace or remove a communication system, together with the appurtenances necessary for the operation of said communication system over, under and across the following described real property which Grantor owns, or in which Grantor has an interest, situated in the County of Spokane, State of Washington, described as follows: Township _Twenty Five =) North, Range Forty F___ _ ou_ (441) East W.M.: Section Ten M0 Assessor's Tax Parcels No 45104 9066 45105 9072 45104.9051 See EXHIBIT "A" attached hereto and made a part hereof for legal description. Together with the right of ingress and egress over and across any adjacent real property owned or controlled by Grantor to and from said strip of land for the purposes of exercising the rights granted herein. Grantee shall have the and trees, roots, obstructions from the subsurface of the Easementareanecesary for Grantee's use and equipment thereof. Grantee shall be responsible for damages caused to Grantor's subject property arising from Grantee's construction and/or maintenance of said Easement area, except to the duct. extent such result from Grantor's negligent or willful con Grantee shall have no responsibility for existing environmental contamination or liabilities based on existing environmental contamination. ft.E. Tax 10 hr g k ° Co. YA Grantor reserves the right to occupy and use the above - described real property for all purposes not inconsistent with the rights herein granted. This Easement, and the rights granted herein, shall be binding upon and inure to the benefit of the heirs, personal representatives, executors, administrators, successors and assigns of the respective parties hereto. Grantor hereby represents and warrants that it is lawfully seized and possessed of said lands and has lawful right and authority to enter into and deliver this Easement unto Grantee. Grantor will warrant and defend its title to the lands against all claims. Signed and delivered on this the b,-/ day of y 9 ! 5 1999- GRANTOR:. By: � Its: [Corporate Acknowledgment, Adjust for Individual] STATE OF WASHINGTON ) COUNTY OF SPOKANE ) On this 1-}�� day of L I ] 999, before me, a Notary Public in and for the State of Washington, personally appeared IV)y�y !� A.,h.�� S• N .Personally known to me to be the person who executed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it'as the Pv�s, /ate of the - • F,-. ole_ �vto be free and voluntary act and deed of said corporation for uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires Print Name A__ �.L- - • 1 11111111111111111111111111111111111 lill 1,811999 10:28A EXHIBIT "A" EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN TELECOMMUNICATIONS EASEMENT BY AND BETWEEN THE INLAND EMPIRE PAPER COMPANY AS GRANTOR AND NEXTLINK INC. AS GRANTEE, RECORDS OF SPOKANE COUNTY, WASHINGTON. PARCEL #45104.9066, #45105.9072, & #45104.9051 SAID EASEMENT BEING A TEN FOOT (10') STRIP OF LAND LYING WESTERLY OF AND ADJOINING THE FOURTEEN FOOT WIDE BORDER EASEMENT THAT IS COINCIDENT WITH THE WESTERLY RIGHT OF WAY LINE OF MIRBEAU PARKWAY, FROM ENGINEER STATION 33 +96.64 TO THE UNION PACIFIC RAILROAD RIGHT OF WAY , SAID BOARDER EASEMENT GRANTED AND DESCRIBED IN THAT CERTAIN DOCUMENT AS RECORDED IN THE OFFICE OF THE SPOKANE COUNTY AUDITOR UNDER AUDITOR'S FILE NO 4233841; SAID PROPERTY BEING LOCATED IN THE EAST HALF (1/2) OF SEC'T'ION 10, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., IN SPOKANE COUNTY, STATE OF WASHINGTON. TO AVISTA SAID EASEMENT ON AND U S WEST COMMUNICATIONS DATED 23 CORPORATION, 3 JULY, 1999 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD•