HomeMy WebLinkAbout1990 - Agreement to Grant Permanent Right of Entry - Segale Mario / King County - 9009110868C
Rer. At The R Uest Of
Pile 17A (4) Env. 2
Paccel 1.12 B
' LUi:ii{j R-edi Property $Fr r ENT TO GRANT PERMANENT RIGHT OF ENTRY
THIS AGREEMENT TO GRANT PERMANENT RIGHT OF ENTRY ("Agreement")
made and entered into this _nth day of August , 1990, by and
between MARIO A. SEGALE, a married man acting with respect to his
separate property and estate d/b/a SEGALE BUSINESS PARK
(hereinafter referred to as "Segale") and KING COUNTY, a political
subdivision of the State of Washington (hereinafter referred to as
"King County").
WHEREAS, King County has agreed to perform certain works and make
certain improvements along the left bank of the Green River upon
certain real property owned by Segale;
WHEREAS, Segale has granted to King County a Temporary Right of
Entry for Construction of Flood Control Levee in order to
facilitate such construction; and
WHEREAS, King County has requested a permanent right of entry over-
portions
of Segale's real property for the purpose inspecting,
repairing and maintaining such works and improvements.
NOW THEREFORE, the parties hereto hereby agree as follows:
1. Upon completion of the work provided for in the Temporary
Right of Entry for Construction
of Flood Control Levee dated August
10, 1990, King County shall "As
prepare an Built,- survey of said
works and improvements. A copy of the same shall be
provided to
Segale for its review.
N
2. From such survey the County shall prepare a legal description
for
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a permanent right of entry over the area located between the
westerly line of the River
C
Protection Easements previously recorded
in favor of King County in King County
C
Auditor's office under file
numbers 6027013 and 6027015 and the
westerly line of said
improvements. A copy of the same shall be provided to Segale for
its
review.
3. Within ten (10) days of Segale's receipt of the as -built and
legal description described in
paragraph 1 and 2 herein, Segale
shall execute and deliver to King County, Permanent
a Right of
Entry for Inspection, Maintenance and Repair of Flood Control
Levee, substantially in the form attached hereto as EXHIBIT "All' and incorporating
said as -built and legal description as
ATTACHMENTS "C" and "B" thereto,
respectively.
4. Upon Segale's delivery of said Right of Entry to King County,
all obligations
of either party to be performed under this
agreement, shall be deemed fulfilled.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
to Grant Easement
on the day and year first above written.
AGREEMENT TO GRANT PERMANENT RIGHT OF STAY
P
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2 5 El
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day personally appeared before me MARIO A. SEGALE, a
married man dealing in his separate property and estate, d/b/a
SEGALE BUSINESS PARK, known to me to be the individual described in
and who executed the foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this day
of
;•C3 1 r'r r 'C TFheStat
tblic in and for
of Washington,
P(JDL1C atssion expires o
STATE %&1VWAtHINGTON)
) ss.
COUNTY OF KING )
On this day before me the undersigned, personally
appeared d I certify that I know
D or have atisfactory evide ce that signed
?? the foregoing instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged as the
of KING COUNTY, WASHINGTON, to
be the f ee and vo ntary act of said entity for the uses and
purposes mentioned in the instrument.
OVEN under my hand and official seal this =;7 11 dZ day
of r lg";22.
Notary Public in and the
State of Wa onl '
residing
My commissio expires L .3
AGREEMENT TO GRANT PERMANENT RIGHT OF WAY
Page 2
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A.
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EXHIBIT "A" to AGREEMENT TO GRANT PERMANENT RIGHT OF ENTRY
PERIUkKENT RIGHT OF -_ TRT FOR INSPECTION, HAINTENANCE AND REPAIR
of FLOOD CONTROL LSVEE
The Grantor, hereinafter called the "Owner", hereby grants to King County, the
Grantee, a political subdivision of the State of Washington, hereinafter called
"King County", a permanent right of entry for the purposes hereinafter set forth,
upon lands of the Owner hereinafter described in Attachment "A" which is
incorporated heroin by thin reference, subject to the following terms and
conditions:
1. This irrevocable permanent right of entry for inspection, maintenance and
repair ("Permanent Right of Entry") in in addition to those River Protection
Easements previously recorded in favor of Ring County in )sing County Auditor's
office under file numbers 6027013 and 6027015 (the "River Protection Easements-).
2. Thin Permanent Right of Entry includes the right to access, repair, and
maintain a flood control levee as described in the As -Built plans attached hereto
as Attachment "B", hereinafter referred to as "Levee", and all appurtenances
thereto, along the left bank of the ocean River. Attachment "B" is incorporated
herein by this reference.
3. This Permanent Right of Entry includes the right to inspect, repair and
maintain such works on lands of the Owner hereinafter shown and described in
Attachment "C", which may extend beyond the boundaries set forth in the River
Protection Easements. Attachment "C" is incorporated herein by this reference.
4. This Permanent Right of Entry shall be limited to inspection, repair and
maintenance of the Levee, along the left bank of the Green River.
S. This Permanent Right of Entry shall not preclude the owner from exercising
any and all of its rights to the property described in Attachment "C" for any
purpose including but not limited to the use, construction, extension, repair
and/or maintenance of any facilities on the property including but not limited
to buildings, parking lots, yard storage areas, railroad spur tracks, utilities,
landscaping or any other facilities.
6. All tools, equipment and other property taken upon or placed upon said land
cc by King County shall remain the property of King County and shall be removed by
King County at any time within a reasonable period after the term of their
utilisation in the exercise of rights under this Permanent Right of Entry.
7. King County will be responsible for damages arising from the activity of
King county, its officers, agents, employees, or representatives on said land,
fj in the exercise of rights under this Permanent Right of Entry, and promptly
C following the exercise of any rights granted hereunder, shall restore the
property to its condition, including line, grade and slope, prior to such
exercise.
S. This Permanent Right of Entry in granted as of
9. The land affected by this Permanent Right of Entry is located in the State
of Washington, County of King, as described in Attachments "A" and "C" hereto.
IN WITNESS WHEREOF, the Owner heroin has hereunto set his hand, this day
of , 19
GRANTOR, Mario A. Segale, a married man
acting with respect to his separate property _
and estate, d/b/a SEGALE BUSINESS PARK
STATE OF WASHINGTON) .
COUNTY OF KING ) -
on this day personally appeared before me MARIO A. SEGALE, a married man
dealing in his separate property and estate, d/b/a SEGALE BUSINESS PARK, known
to me to be the individual described in and who executed the foregoing
instrument, and acknowledged that he signed the name as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ,_ day of , 19
Notary Public in and for the State of Washington,