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RIGHT OF ENTRY AGREEMENT <br />This Agreement made this day of 2 1 1985, <br />by and between Water District No. 125 (the District herein) and its <br />assigns, and the MUNICIPALITY OF METROPOLITAN SEATTLE (Metro herein). <br />This Right of Entry is given the District and its assigns by <br />Metro for the purpose of designing, installing, constructing, reading, <br />and repairing a water meter with all connections, manholes and <br />appurtenances thereto together with the right of ingress to and egress <br />from over, across, along, in, upon and under the property described in <br />the attached Exhibit A. <br />Metro, the District and its assigns, by granting and accepting <br />this Right of Entry respectively, mutually covenant and agree as fol— <br />low: <br />1. This Right of Entry will become null and void at such time as the <br />property described in Exhibit "A" is conveyed to the City of Tukwila <br />for street purposes or December 31, 1987, whichever shall first occur. <br />2. By executing this Right of Entry Agreement, Metro does not waive <br />any legal remedies available to it for just compensation. In the <br />event the property described in Exhibit "A" is not conveyed to the <br />City of Tukwila before December 31, 1987, as contemplated above, then <br />if requested by Metro, the District and its assigns shall remove all <br />facilities installed under this Right of Entry at its own expense or <br />purchase an easement for said facilities based on the fair market <br />value of the easement rights to be acquired. <br />3. The District and its assigns shall protect and save harmless <br />Metro from and against any and all claims, damage to or loss or <br />destruction of property whatsoever suffered by Metro, their successors <br />and assigngs, tenants, licensees and invitees because of the installa— <br />tion and construction of said water meter, but the District and its <br />assigns shall not be so obligated in the event of the negligence of <br />Metro, their successors and assigns, tenants, licensees and invitees <br />causing such damage, loss or destruction. <br />4 The District and its assigns shall, upon completion of construc— <br />tion of any facilities described herein, remove all debris and restore <br />the surface of the property as nearly as possible to the condition in <br />which it existed at the date of this Agreement. <br />5. This Right of Entry is subject to such leases, licenses and per— <br />mits heretofore granted by Metro or predecessors in interest affecting <br />said property as may be currently valid at law. <br />MUNICIPALITY OF METROPOLITAN SEATTLE <br />By: K! c .Z 1 h 27, 11 i s l /cam' <br />Title Right -of Way Property Supervisor <br />KING COUNTY WATER DISTRICT NO 125 <br />By: <br />iTt7e: <br />Document No. 70.59 <br />