HomeMy WebLinkAbout201108190527 AGREE/EASEMENT FOR DRAINAGE & OUTFALL 08/18/1111111111111 IIIII IIIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
201108190527 5 PGS
0811912011 02 44 13 PM $66 00
PIERCE COUNTY WASHINGTON
WHEN RECORDED RETURN TO-
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
7-- c�o-sj -70j)
ASSIGNMENT AND ASSUMPTION OF
AGREEMENT AND EASEMENT FOR DRAINAGE & OUTFALL
GRANTOR. PIERCE COUNTY
GRANTEE. CITY OF AUBURN
Legal Descriptions:
Abbreviated Form: NW '/, SEC 7, TWN 20 N., R. 5 E.
Additional legal description on attached Exhibit "A"
Original Tax Parcel Number 952000 -007 -0
This ASSIGNMENT AND ASSUMPTION OF AGREEMENT AND
EASEMENT FOR DRAINAGE & OUTFALL ( "Assignment ") is made and entered into
by and among PIERCE COUNTY, a municipal corporation and political subdivision of
the state of Washington (the "County ") and THE CITY OF AUBURN, a municipal
corporation and political subdivision of the state of Washington (the "City ")
RECITALS
A. PUGET SOUND ENERGY, INC., a Washington Corporation ( "PSE ")
and the County are parties to that certain Agreement and Easement For Drainage &
Outfall dated June 21, 1999 and recorded June 28, 1999 under Pierce County Auditor's
Recording No. 9906280010 ( "Agreement "), providing the County an easement for
Drainage and Outfall across PSE's property
B The County wishes to assign, and the City wishes to assume, the County's
rights, responsibilities, covenants, conditions, performances and promises as contained
within the Agreement.
C Under Paragraph 22 of the Agreement, the County may assign its rights
and obligations if delegated to the City provided such assignee accepts and agrees in
Assignment and Assumption of Agreement and Easement For Drainage Outfall.docx
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EXCISE TAX EXEMPT DATE__I�_�_
Pierce Ct,unty
Or
By MI Auth. Sig
writing, delivered to PSE, to perform all the rights, responsibilities, covenants,
conditions, performances and promises as contained within the Agreement.
AGREEMENT
The above Recitals are hereby incorporated by this reference.
2. The County hereby assigns, and the City hereby assumes, all rights,
responsibilities, covenants, conditions, performances and promises of the County under
the Agreement.
3 The rights and obligations of the parties hereto shall inure to the benefit of
and be binding upon their respective successors and assigns and shall be deemed to run
with the land.
4 This Assignment, together with the Agreement, contains all of the
provisions pertaining to any matters referenced in it and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
5 This Assignment is executed and shall be construed in accordance with the
laws of the State of Washington.
6. If any party shall bring an action to enforce the terms of this Assignment,
in any such action the prevailing party shall be entitled to an award of its attorney's fees
and costs.
7 The undersigned acknowledge that they have had the opportunity to seek
legal counsel prior to signing this Assignment.
8. This Assignment may be amended or modified only by written instrument,
executed and acknowledged by the parties hereto or their successors or assigns.
9 The City understands and hereby acknowledges that the County does not
by this Assignment together with the Easement make any representations or warranty of
any type, kind or nature whatsoever including, but not limited to, warranties as to the title
to, sufficiency of the legal description of, suitability to use or condition of the Easement
Area.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the
day and year last written by the signatures below
Assignment and Assumption of Agreement and Easement For Drainage Outfall.docx
Page 2 of 5
PIERCE COUNTY:
Approved as to Fonn Only
By �ATID Sj�
Depu y Prosecuting Attorney
Pierce County
CITY OF AUBURN:
Date signed. O' /b la
Date signed. g u
B pLU/ Date signed. 2� /l
ame: Dennis Doi y
Title: Director of Public Works
STATE OF WASHINGTON
County of Pierce )
I certify that I know or have satisfactory evidence that
/ re the person(s) who appeared before me, and said person(s) acknowledged he she /they signed this
instrument, on oath stated that he /she /they washwere authorized to execute the instrument and
acknowledged it as the L of Pierce County, a Municipal Corporation and
Political Subdivision of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED this
day of
46u0Iu��n*y"o��,,.
a
NO AWj .c 3
."*#a
in
Residing
My Appointment Expires-
Assignment and Assumptf6NafiAMf�ement and Easement For Drainage Outfall.docx
Page 3 of 5
20
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that Dennis Dow, v
is/ re the person(s) who appeared before me, and said person(s) acknowledge &she they signed this
instrument, on oath stated that ze}she /they t &were authorized to execute the instrument and
acknowledged it as the B 16,e, Ljork iPPPJCC of the City of Auburn, a Municipal Corporation and
Political Subdivision of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED this _pp day of '20
(Print lame)
�rqotary Pubk in and for tl7p/'Sta f Washington
2
Residing at e
My Appointment
Assignment and Assumption of Agreement and Easement For Drainage Outfall.docx
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EXHIBIT "A"
Chat portion of the hereinafter described Tract "X" described as follows:
Beginning at a point opposite Engineer's Station (hereinafter referred to as ES) "B"
121 +02.40 on the centerline of East Valley Highway East and 40 feet Westerly
therefrom; thence Westerly 50.00 feet to a point opposite ES "B" 121 +02.43 and 84.00
feet Westerly therefrom; thence Northerly in a straight line 180.10 feet to a point apposite
ES "B" 122 +82.41 and 77 00 feet Westerly therefrom; thence Easterly to a point opposite
ES "B" 122 +82.40 and 40.00 feet westerly therefrom; thence Southerly parallel with said
centerline 180 00 feet to the point of beginning and the end of this description.
Tract "X"
Lots 3 through 6, WHITE RIVER GARDEN TRACTS, lying Easterly of the Northern
Pacific Railroad right- of -wav, located in the Northwest quarter of SECTION 7,
TOWNSHIP 20 NORTH, RANGE 5 EAST ofthe W.M in Pierce Count), Washington.
Assignment and Assumption of Agreement and Easement For Drainage Outfall.docs
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