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HomeMy WebLinkAbout2020 - Assignment and Assumption of Limited Easement Rights - Central Puget Sound Transit Authority - 20200129001246Return Address: Attn: City Clerk's Office City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 IlIlIlIli IJI1lIIIIIIIIIt 11111 11111 IIIIIIIIiI IIlIIIIilhI IIII1Ii11I/ 20200129001246 ASSUMPTION AGREEMENT 1/29/2020 2:10 PM KING COUNTY, WA Rec: $105.50 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (flew 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be tilled in) 1. ASSIGNMENT AND ASSUMPTION OF LIMITED EASEMENT RIGHTS Reference Number(s) of Documents assigned or released: 20070403002170 (the "Guideway Easement") Grantor(s) Exactly as name(s) appear on document 1. Central Puget Sound Regional Transit Authority Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. City of Tukwila Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) : PTN GOVT. LOT 1 SECTION 15 TOWNSHIP 23N RANGE 4E Additional legal is on page of document. Assessor's Property Tax Parcel/Account ❑ Assessor Tax # not yet Number assigned 152304-9072-06 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet argin and formatting requirements. Furthermore, I hereby understand that the recording process ma cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements ASSIGNMENT AND ASSUMPTION OF LIMITED EASEMENT RIGHTS This Assignment and Assumption of Limited Easement Rights (this "Assignment") is entered into by and between the Central Puget Sound Regional Transit Authority ("Sound Transit") and the City of Tukwila (the "City") and is effective as of thc date of the last signature below. RECITALS A. Sound Transit is the "Grantee" under that certain guideway easement recorded under King County Recording Number 20070403002170 (the "Guideway Easement"), which grants Sound Transit a permanent easement over the property described therein (the "Property"). B. The Guideway Easement conveys the rights granted thereunder to Sound Transit and "its successors and/or assigns." C. Among the rights conveyed under the Guideway Easement is the right to trim and remove trees and vegetation in and adjacent to the easement area and the right to inspect Sound Transit's light rail system. D. Sound Transit is seeking a permit from the City to perform tree and vegetation removal and mitigation in the area of the light rail guideway. As a condition ofpermit issuance, the City requires the ability to enter onto the Property in order to inspect Sound Transit's work. E. Sound Transit now wishes to assign to the City the right to enter onto the Property for the limited purpose of inspecting Sound Transit's tree and vegetation removal and mitigation work. AGREEMENT Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sound Transit and the City agree as follows: 1. Sound Transit hereby assigns to the City and its agents or representatives, and the City hereby accepts from Sound Transit, Sound Transit's right to enter onto the Property subject to the Guideway Easement for the limited purpose of inspecting Sound Transit's tree and vegetation removal and mitigation work adjacent to Sound Transit's light rail guideway. 2. Sound Transit shall defend, indemnify, and hold the City fully and completely harmless from and against any claims, causes of action, liabilities, losses, damages, and expenses (collectively, "Claims") arising from or relating to the City's entry onto the Property for the limited purposes described herein; provided, however, that the foregoing shall not apply to the extent any such Claims (a) arise from or relate to the City's own negligence or intentional misconduct or (b) arise from or relate to the City's entry onto or activities on the Property for any purpose not expressly described herein. 3. This Assignment is personal to the City, shall not be assigned by the City without Sound Transit's written agreement, and shall not run with the land. Sound Transit shall have the right to terminate this Assignment immediately upon written notice to the City. rot 2 ' IN WITNESS WHEREOF, each of the parties has executed this Assignment by having its authorized representative affix his/her signature in the appropriate space below: SOUND TRANSIT CITY OF TUI(WILA Date: 2-c 7 c-4 APPROVED AS 10 FORM B Its: Mayor Date: 011141202-o APPROVED AS TO FORM Office ofhe City A