HomeMy WebLinkAbout1990 - Assignment of Right of First Refusal - John Durbin and Associates / City of Tukwila - 9011051147 (See 9101231525)9101231525
JOHN DURBIN & ASSOCIATES (Assignor) hereby assigns to
the CITY OF TUKWILA (Assignee) all of Assignor's right, title
and interest it holds with respect to the right of first
refusal to acquire certain real property, according to the
document of Right of First Refusal attached hereto as Exhibit
A and incorporated by this reference. Assignor warrants that
to the best of its knowledge its rights, as provided in
Exhibit A, have not been assigned, terminat96,py,dified.
STATE OF WASHINGTON )
ss.
COUNTY OF KING
ASSIGNMENT OF RIGHT OF FIRST REFUSAL
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JOHN DURBIN & ASSOCIATES
On this ,e /(day of L( -) , 1988, before me,
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
John D. Durbin, to me known to be the general partner of John
Durbin & Associates, a limited partnership, the corporation
that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of
said corporation,for the uses and purposes therein mentioned,
and on oath stated that he is authorized to execute the said
instrument and that the seal affixed is the corporate seal of
said corporation.
Witness my hand and official seal hereto affixed the clay
and year first above written. , � ` - � �� ' r ,/
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Filed for Record at Request of:
Name Ms. Alice F. Gustafson
Attorney at Law
Address 3400 Rainier Bank Tower
City /State Seattle, WA 98101
Situate in the City o
State of Washington.
Said Right of First Refusa
the following provisions:
1. In the event Grantor
part of the Property, Grantee,
a Right of First Refusal to pur
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RIGHT OF FIRST REFUSAL T? T1'F r:;.;, • ;s ( r
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The Grantor, Paul K. Haggard, as his separate estate,
for and in consideration of Ten Dollars ($10.00) and other
valuable consideration in hand raid, grants to John Durbin &
Associates, a Washington limited partnership,, as Grantee, a
Right of First Refusal with respect to that certain real
estate located in King County, Washington, hereinafter
called the "Property," which is more particularly described
as follows:
That portion of Lots 19 and 20, Block 9, Hillman's
Seattle Garden Tracts, as recorded in Volume 11 of
Plats, on page 24, records of King County, Washing-
ton, lying Easterly of the following described
line:
Cn Beginning at a point on the South line of said Lot
20 which lies 150 feet East of the Southwest
corner thereof, thenc at right angles, North, a
distance of 80 feet to the North line of said Lot
19 and the terminus o this line;
(Also known as Lot 2 of City of Tukwila Short Plat
No. 84- 13 -BLA);
Tukwila, County of King,
includes and is subject to
hall desire to sell all or
r its successors, shall have
hase the same.
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2. Upon receipt of a bona fide offer for all or part
of the Property, Grantor shall, within five (5) business
days of receipt of said offer, communicate in writing to
Grantee the terms of said offer.
3. Grantee shall have the right to purchase the
Property, or that portion of it which is the subject of said
offer, on the same terms and conditions of said offer or, at
Grantee's sole option, on the same terms and conditions but
for a price equivalent to the then fair market value of the
Property, or of that portion of it which is the subject of
said offer.
4. If Grantor and Grantee are unable to agree upon
the fair market value, either or both may elect within ten
(10) business days of Grantee's receipt of Grantor's written
notice to hire an independent M.A.I. appraiser to determine
such value.
5. If both hire an appraiser, each of whom assigns a
different fair market value, and Grantor and Grantee do not
agree that the fair market value for purposes of this Right
of First Refusal shall be the average of the values assigned
by the two appraisers, then said two appraisers shall select
a third independent M.A.I. appraiser who shall determine
said fair market value.
6. Grantee shall have ten (10) business days after
fair market value is determined to exercise this Right of
First Refusal by notifying Grantor of its decision and, if
applicable, of its election of either the price of said bona
fide offer or of said fair market value.
7. If Grantee does so exercise said right, Grantor
shall enter into a binding agreement to convey the Property,
or that portion which is the subject of said offer, to
Grantee, by Statutory Warranty Deed, free and clear of all
liens and encumbrances except easements of record and statu-
tory restrictions. Grantor and Grantee shall execute any
necessary documents to close said transaction.
8. In the event Grantee does not exercise said right,
LC1 the right terminates as to only that portion of the Property
tr, covered by said offer if sold pursuant to it. The right
N granted herein continues as to the rest of the Property.
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9. If the Grantor thereafter does not accept the bona
fide offer or if its terms are modified or altered in any
way, Grantee's right is reinstated and all of the Property
continues subject to it.
10. Grantee's rights herein are exercisable by Grantee,
and its successors and assigns.
DATED this -).V day of May, 1984.
GRANTOR:
6Q
AUL K. IAGGA
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me PAUL K.
HAGGARD to me known to be the individual described in and
who executed the within and foregoing instrument, and ac-
knowledged 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 3 / jr day of
104 , 1984.
otary 'u• c n and for the
State of Washington, residing
at , t=
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