1707 SCENIC DR SNO CO PUD 2020-03-10

NO EXCISE TAX ..• REQUIRED . . .• ..• . . . . •.. PARTIAL TERMINATION OF SEP 03 2010 EASEMENT AGREEMENT KIRKE SiEvEtis, nonoCounty Treasurer By KIRKS stEuP.Ps TIPg-AdittEMENT is made this j14- day offfejm.6e, , 2010, by and '64-ifeen-d14 City of Everett, Washington, hereinafter referred to the "City"and Public Utility Dtstrit..NO. 1::.of.SiiOtiornish County, a municipal corporation, hereinafter referred to as the WHEREAS;iheDistrictis:Occessor in interest to Puget Sound Power and Light, a Washington cotporatiOn, which.gran*Utotite City that certain easement recorded under Snohomish County Auditor's File,N6.171435.1.; for the purpose of construction, maintenance and operation of a sewer line and apforterfinoes,..within and across the following described property located in County of Snollotnisi.:.. See Exhibit Atfacheff‘hcieto and incorporated herein by reference • WHEREAS, pursuant to Itieprovisibns of this Agreement, the District requests that the City extinguish a portion of the eas'ern. area dp'scrihed-as follows: • See Exhibit B Attichedlietito and incorporated herein by reference .-.*. WHEREAS, the City is agreeable le.citinguishing that itgtion of the easement area described in Exhibit B pursuant to the terms of this Agreement ••••• ....• ....• NOW, THEREFORE, in consideration if the muttial covenants and agreements contained herein,the City and the District do hereby agree as folloAis;..... 1. The City terminates its interest in the property..&scribqi1 in Exhibit B and hereby conveys and quit claims its interest to the District. 2. •The District accepts the property described in Exhibit "4S. IS'Z, `..VIERE IS" and"WITH ALL FAULTS", and the City expressly disclaims all starranti9s,.g:x'preSs or implied, relating to the condition, habitability, quality, value, suitaiiitify. ..lor...-dey.elopment or other characteristics of the property described in Exhibit B. • • • .• .• • . •• • •. ••••••• ..• 3. The District agrees to hold harmless,and indemnify the City,its..Offtoers,..eiiiployees, and agents from any and all claims for damages,demands,or causes of4Cti9n;'yylietW to persons or property, that are in any manner incident to the property described in This obligation shall not include such claims that are caused by or result fr6mAlfe.scile negligence of the City or its officers, employees or agents. In the event of the coneurtent.n4ligetice.of (a) the City, its officers, employees or agents and (b) the District, its agent§„gitccessors'or assigns, this indemnity provision shall be valid and enforceable to the(extent of the negligence of the District,its agents,successors or assigns. .• • . ..• •• ••• •••• • •• .• .• ••••