AG 95-159 - LAKEHAVEN UTILITY DISTRICT6. 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 ~