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AG 95-1596. NAI, HE OF' CONTRACTOR,' 1 2, CONTRACT SIGNATURE ROUTING APPROVED E~SEMENT ASSI~I'~ENT ~REEMENT THIS AGREEMENT made this ~/~day of ~-~-~_~ , 1995 by and between the City of Fed--~--al Way,~reinafter "City", and the Lakehaven Utility District, hereinafter "District". WHEREAS, the City, as the statutory successor to King County pursuant to incorporation as an optional code city, holds an easement for slopes and utilities over property described herein, and WHEREAS, the District is currently planning to install certain improvements to the water system within the easement area, and WHEREAS, the parties deeming that an assignment of the easement rights to the District under terms described herein is appropriate and in the best interests of the residents of the community, NOW THEREFORE, BE IT AGREED AS FOLLOWS: 1. For the benefits to be derived therefrom, the adequacy of which is herein acknowledged, the City hereby assigns to the District, pursuant to a certain "Easement for Slopes and Utilities", recorded under King County Auditor's File No. 8908040380, (hereinafter "Easement") the right to construct and maintain a water system intertie facility over and across the following described real property: The Easterly 55 feet of the Westerly 75 feet of the Southerly 5 feet of Lot 4, Madrona Meadows, according to the Plat thereof, recorded in Volume 141 of Plats, Page 61, in King County, Washington, being a portion of the Northwest 1/4 of Section 30, Township 21 North, Range 4 East, W.M., King County, Washington. While the City agrees that the assignment herein and the right to maintain the water intertie facility on the property shall be perpetual in nature, it is agreed that the right held by the District hereunder shall be non-exclusive and the assignment herein shall in no way diminish the rights held by the City pursuant to the grant of Easement. Furthermore, the Districts rights under this agreement shall be subordinate to those rights held by the City. In the event of a conflict between the City's and the District's use of the Easement, presently or in the future, the District agrees to remove all improvements located within the Easement at its sole cost and expense. Easement Assignment Agreement Page i 2. The District agrees that it shall keep the use of the Easement area to a reasonable minimum and shall, following construction, restore the Easement area to as good a condition as existed prior to its entry onto the property. 3. In consideration for the assignment of rights herein, the District agrees that it shall indemnify, defend and hold the City harmless from any claim whatsoever which may arise in connection with the assignment herein and the District's use of the subject real property. ATTEST: City of Lakehav~n Utility District I~ By Its Manaq~r Date: J~--~----- Date: 4- Z~- ~ ~ STATE OF WASHINGTON ) APPR~~0RM: COUNTY OF KING ) // I certify that I know or have satisfactory evidence that ~-z~w~-~ ~. ~,.~/-w-~_~ signed this instrument, on oath stated that ~ ~was authoa~ized to execute the instrument and acknowledged it as the of the City of Federal Way, to be ~e(free a~d voluntary act of such party for the uses and purposes mentioned in the instrument. My appoin4fment expires //~/~ Easement Assignment Agreement Page 2 STATE OF WASHINGTON) SS: COUNTY OF KING ) I certify that I know or have satisfactory evidence that Roqer M. Brown signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of LAKEHAVEN UTILITY DISTRICT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. NO~X~Y-PUBLIC 'i5 aA~ for the S~ate  o~Washington, residing a% !I~°<-PUBLIC , My appointment expires ~-- 2 ~-~ ,.~ 5-29-99 ~