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State of Washington Department of Ecology <br />Agreement No: WQC-2023-EverPW-00118 <br />Project Title: Regional Stormwater Facility Planning <br />Recipient Name: City of Everett <br />Page 21 of 46 <br />a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the <br />type of ownership interest that has been acquired. <br />b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with <br />funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of <br />Washington) shall be incorporated into the agreement before final payment. <br />c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser <br />interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, <br />on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being <br />acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use <br />language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to <br />provide a copy of the recorded document to ECOLOGY. <br />Documentation Options: <br />1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or <br />use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real <br />property rights that include the underlying land. This document may also be applicable for those easements where the <br />RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on <br />the draft language prior to executing the deed of right. <br />2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to <br />ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and <br />habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by <br />reference in the easement document. <br />3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of <br />Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language <br />will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to <br />executing the easement or lease. <br />d. Real Property Acquisition and Relocation Assistance. <br />1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded <br />projects. <br />2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms <br />and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter <br />8.26 RCW, and Chapter 468-100 WAC. <br />3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection <br />(1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT <br />agrees to provide any housing and relocation assistance required. <br />Template Version 12/10/2020 <br />