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4451600 Easement Mirabeau ParkRETURN: TESINC, INC. 10029 S. TACOMA WAY SUITE E -8 LAKEWOOD, WA 98499 -4669 iaiiusii�iimdiioiuMiuiuuiiiNiii otiPm��,. RECORDING INFORMATION ABOVE DOCUMENT PREPARED BY n w SCHIMMELS TELEPHONE# 509 - 879 -4826 WW # 6Y� 1103 [A )16C EASEMENT AGREEMENT The undersignedGrantor(s) INLAND EMPIRE PAPER COMPANY for and in consideration of MUTUAL BENEFIT Dollars ($ 0 and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto U S WEST Communications, Inc., a Colorado corporation, hereinafter re- ferred to as "Grantee ", whose address is 1313 COLUMBIA SEATTLE WA 98122 , its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such telecommunications facilities, electical facilities and gas facilities, and appurtenances, from time to time, as Grantee may require upon, over, under and across the following described land situated in the County of SPOKANE State of WASHTNG20N which the Grantor owns or in which the Grantor has any interest, to wit: LOT BLK ACREAGE PTN NZ SECTION 10 TOWNSHIP 25 RANGE TAX PARCEL# 45105.9072 SEE EXHIBIT ,A, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee the following incidental rights: (1) A temporary right -of -way to be used during all periods of construction, reconstruction, reinforcement, repair and removal upon a strip of land 0 feet wide on the 0 side of, and a strip of land 0 feet wide on the 0 side of said easement. (2) The right of ingress and egress over and across the lands of Grantor to and from the above - described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre - existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, guilt or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area, The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. R.8.W6cTaxExempt ! %G Roos -0273 DM �l� +r PAGE 1 OF 4 ��9�✓t- t12'�} gpokea►BOoantY [teas• Initial ,"Ie.2000 09:53A RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. Dated this /111 day of .A2! % 1>B'2QV- INLAND EMPIRE PAPER COMPANY (Official name of company or Corporation) B y /t 1 A -� Its •P'/- rFsIDFiO'r [S E A L] Attest Grantor Secretary of Corporation (Indivi ual Acl n wledgment) (Corporate Acknowledgment) State of WASHI GT( } State of WASHINGTON } ) ss ) ss County of } County of . LR.— } On this dA personally appeared On this day personal) app red before me before me known to me t be the individual who who di ay he /semis the .2,4; n"-1- executed the f regoi instrument, and ' of the acknowledged t at _ signed the corporation that executed (fie foregoing same as fre and voluntary act instrument and acknowledged said and deed, for he user an purposes herein m instrument to be the free and voluntary act mentioned. and deed of said corporation, for the uses Give under my hal d and official and purposes the in mentioned, and an oath seal this day of stated that _ X was 19 authorized to execute said instrument on behalf of the corporation. Given under mX hand and official seal this day of ' IF . Notary ublic of the State o�Washi on �ODU Residi gat My c ission expires: Notary Public o the State of Washington Residing at 13 My commission expires:�%,2 R/W 4= n 61 WA- Job # 82WX826 Exchange WALNUT County SPOKANE 1/4 Section Section 10 Township 2_ Range 44 RO 01.0273 _�- i PUBIA (12.96) 2 PAGE 2 N '•.ilfl{11��� 1111111 lill 0112812000 09:53A EXHIBIT "A" THAT PORTION OF GOVT. LOT 2 LYING SOUTH AND WEST OF THE SOUTHWESTERLY BOUNDARY OF THE INLAND EMPIRE PAPER RAILWAY RIGHT OF WAY AS SHOWN ON THAT CERTAIN MAP DRAWN BY S. SIMS, A LICENSED LAND SURVEYOR, AND FILED FOR RECORD IN THE OFFICE OF THE COUNTY AUDITOR OF SPOKANE COUNTY, WASHINGTON, ON JUNE 30, 1972 AS DOCUMENT NO. 634340C; THE EAST 1/2 OF THE NORTHWEST 1/4; THE EAST 20 RODS OF THE WEST' /2 OF THE NORTHWEST' /a; ALL IN SECTION 10, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M. SITUATE IN SPOKANE COUNTY, STATE OF WASHINGTON. SAID EASEMENT BEING A 15' WIDE STRIP OF LAND, THE CENTERLINE OF WHICH WILL BE DETERMINED BY THE INSTALLATION OF UNDERGROUND COMMUNICATION LINES ACROSS THE ABOVE DESCRIBED PROPERTY. SEE EXHIBIT "B" ATTACHED. R/W .REF # 6COI `103W". 7 PARCEL # 45105.9072 CPD # 82WX826 PAGE 3 OF 4 4451600 1. 01112 X 09 53A TRIM RS 311.00 Sookane Co. WA EXHIBIT "B" PORTION OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 44 EWM. i r R/W REF #CMI-7020*�— PARCEL # 45105.9072 CPD ## 82WX826 PAGE 4 OF 4