AFTER RECORDING RETURN TO:
Grantor (Assignor): City of Puyallup
Grantee (Assignee): Valley Water District
Legal Description (abbreviated): SW ¼ of NW ¼, Sec. 36, T20N, R4E, WM
FULL LEGAL DESCRIPTION ON PAGE _5_, BELOW
Assessor's Tax Parcel ID#: 042036-2-004
Reference Nos. of Documents Released or Assigned: Pierce County Auditor’s Recording No. 20705300303
ASSIGNMENT OF EASEMENT RIGHTS
THIS ASSIGNMENT OF EASEMENT RIGHTS (“Assignment”), dated this ___ day of ______, 2018 (the “Effective Date”), is by the CITY OF PUYALLUP, a Washington municipal corporation (“Assignor”) to VALLEY WATER DISTRICT, a Washington municipal corporation (“Assignee”).
R E C I T A L S
A. Assignor owns and operates a system of water lines, pumps, structures and related improvements and facilities for the provision of water service to persons and property located within the Assignor’s water service area. Assignor, its successors and assigns received an Easement for Utilities, dated May 25, 2007, for the construction, improvement, maintenance, and repair of underground utilities, including but not limited to underground water pipes, storm drainage pipes, sanitary sewer pipes, and other appurtenant structures, over, under and across the
678498.1 | 089542 | 001 -1- real property described in the Easement for Utilities (the “Easement Area”). The Easement for Utilities is attached hereto as Exhibit A and incorporated herein by this reference.
B. Assignee is a water district formed and operating under Title 57 RCW. Assignee provides water service to persons and property located within its water service area in Pierce County, Washington. The Easement Area is located within Assignee’s water service area, and would facilitate the provision of water service to customers located within Assignee’s water service area. The Easement Area is not located within Assignor’s water service area, and is not necessary for the provision of water service to any customers within Assignor’s water service area.
C. Assignor and Assignee have determined that it is in the best interests of the public for the Assignor to assign and transfer to Assignee, non-exclusive interest, rights and obligations in and under the Easement for Utilities, for the purposes of water utility facilities.
NOW, THEREFORE, the parties hereto agree as follows:
1. Assignment and Assumption of Easement Rights. Assignor hereby assigns, quitclaims, transfers and conveys to Assignee Assignor’s non-exclusive right, title and interest in, to and under the Easement for Utilities, for the purpose of water utility lines, pipes, appurtenances and other facilities. The Assignee hereby assumes all of Assignor’s obligations and duties under the Easement for Utilities, to the extent that the obligations and duties relate to water utility lines, pipes, appurtenances and other facilities owned and installed by Assignee.
2. Priority of Assignor Facilities. Assignor has other utilities, including stormwater lines, located in the above described easement. In the event of an emergency repair to the Assignor’s utility the Assignee shall respond within 2 hours and take responsibility for removal and replacement of its facilities. In the event the Assignor determines that there is a conflict or need for relocation or removal of Assignee’s facilities, Assignee hereby agrees to promptly remove and/or relocate Assignee’s facilities as directed by Assignor. Such removal and/or relocation shall occur as promptly as possible but in no event shall such work be commenced any later than one week following notice from Assignor. In the event that Assignee is unable or unwilling to promptly remove and/or relocate Assignee’s facilities, Assignor may remove and/or relocate the facilities and charge the cost thereof to Assignee. Any demand to remove and/or relocate Assignee’s facilities shall not be unreasonably issued.
3. Hold Harmless and Indemnification. As a condition of Assignor entering into this Assignment of Easement Rights, Assignee agrees to defend, indemnify and hold harmless the Assignor, and all of its officials, employees, agents, contractors and consultants, from any and all claims, demands, suits, actions, damages, penalties, and liability of any kind, including injuries to persons or damages to property (“Claims”), which result from or arise out of the Assignee’s construction, maintenance or repair of the Assignee’s water facilities in the easement area pursuant to the Easement for Utilities (the “Easement Area”), including but not limited to Claims for damage to the Assignee’s property caused by or resulting from the Assignor’s work on the Assignor’s storm water facilities located in the Easement Area.
446391.1 -2- 4. Recording/Successors in Interest. This Assignment shall be recorded in the Pierce County Auditor’s Office. This Assignment shall be binding upon, inure to the benefit of, and be enforceable by and against the respective successors and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Assignment of Easement Rights as of the Effective Date.
ASSIGNOR: ASSIGNEE:
CITY OF PUYALLUP VALLEY WATER DISTRICT
By: By: Print Name: Print Name: Its:______Its:______
446391.1 -3- STATE OF WASHINGTON ) )ss. COUNTY OF PIERCE )
I CERTIFY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that ___ signed this instrument, on oath stated that ___ was authorized to execute this instrument and acknowledged it as the City Manager of the CITY OF PUYALLUP, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
(Print name) NOTARY PUBLIC in and for the State of Washington, residing at
My appointment expires:
STATE OF WASHINGTON ) )ss. COUNTY OF PIERCE )
I CERTIFY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that ___ signed this instrument, on oath stated that ___ was authorized to execute this instrument and acknowledged it as the ______of VALLEY WATER DISTRICT, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
(Print name) NOTARY PUBLIC in and for the State of Washington, residing at
My appointment expires:
446391.1 -4- EXHIBIT “A” SUBJECT PROPERTY LEGAL DESCRIPTION
Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 36, Township 20 North, Range 4 East of the Willamette Meridian; Thence North 89 degrees 43 minutes 35 seconds East along the North line of said Southwest quarter of the Northwest quarter, 819.88 feet to the Point of Beginning; Thence continuing along said North line 43.22 feet; Thence along a curve to the left, whose radius point bears North 83 degrees 36 minutes 47 seconds East and a distance of 160.00 feet and through a central angle of 34 degrees 04 minutes 17 seconds for an arc distance of 95.15 feet; Thence along a curve to the right, whose radius point bears South 49 degrees 32 minutes 31 seconds West and a distance of 117.50 feet and through a central angle of 55 degrees 37 minutes 27 seconds for an arc distance of 114.07 feet; Thence South 89 degrees 43 minutes 35 seconds West 32.95 feet; Thence North 20 degrees 20 minutes 29 seconds West 205.79 feet to the Point of Beginning, in Pierce County, Washington.
Source: City of Puyallup Utilities Easement Per AFN 200705300303
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