HomeMy WebLinkAbout2000 - Agreement to Install Driveway - Keystar / Glore Alan - 20000914000057AFTER RECORDING RETURN TO:
Stephen T. Araki, P.C..Escrow Services
2100 116th Ave NE
Bellevue, Washington 98004
Attn: Sheila /Laura
20000914000057
PACIFIC NW TIT AG 15.00
PAGE 001 OF 008
09/14/2000 09:11
KING COUNTY, WA
Document type: Agreement to Install Driveway
Reference number(s):
FILED BY PNWy
Additional reference numbers on page of document
un Grantor(s):
cm.
1. Keystar, Inc.
CD.
2.
cri 3.
0 4.
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c Additional names on page of document
Grantee(s):
1. Alan Glore
2.
3.
4.
Said documant(s) were filed for
record by Pacific Northwest Title as
accommodation only. It has not been
examined as to proper execution or
as to its effect upon title.
Additional names on page of document
Legal description: Abbreviated form: Ptn. Tract 54, Riverside Interurban
Tracts, Vol. 10, Pg 74. AND Lot 2, Blk. B, River View, Vol. 17, pg. 15
Full legal description on page land 7 of document;
Property tax account number(s): 734060 -0803 and 733240 -0045
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AGREEMENT
TO
INSTALL DRIVEWAY
An Agreement entered into thisf day of July, 2000, between Keystar,;Inc.
(hereafter "Keystar "), a Washington corporation and Alan Glore (hereafter "Glore ").
R E C I T AL S
Whereas, Keystar is the owner of the real property (hereafter "Keystar's
Property "), the legal description for which is:
That portion of Tract 54, Riverside Interurban Tracts, per the plat thereof
recorded in Volume 10 of plats, page 74, King County, Washington, lying
west of Davis Replat of said Tract 54, per the plat thereof recorded in
Volume 24 of plats, page 49, in King County, Washington, except the
South 100' thereof;
Whereas, Glore, is the owner of the real property (hereafter "Glore's Property ")
described as follows:
See Attached Exhibit A (legal description may be attached later)
Whereas, Glore, with the permission and consent of Keystar and Keystar's
predecessor's in interest, have accessed Glore's Property by crossing over Keystar's
Property along the western edge of Keystar's property;
Whereas, Glore have filed a written objection with the City of Tukwila to the
short subdivision of Keystar's Property by ,Keystar because of the possibility of losing
their access across Keystar'. s Property to Glore's Property; AND,
Whereas, both Keystar and Glore have reached an agreement for the removal of
any claims by Glore to access across Keystar's Property in exchange for Keystar
providing a new driveway access to Glore's Property pursuant to the terms of this
Agreement,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. REMOVAL OF OBJECTION. Glore agrees to sign and deliver the attached
letter, a true and complete copy of which is attached as Exhibit B to this Agreement and
incorporated herein by this reference, removing their prior written objection filed with the
City of Tukwila.
2. WAIVER OF CLAIMS. Glore agrees that he waives any claims he may now or
later have with respect to any right to claim access to his property across Keystar's
Property, regardless whether such claim is based on any express agreement or
AGREEMENT TO INSTALL
TAivr. a» £ •, 1
understanding, or whether such claim is based on an easement by prescription,
implication, or necessity.
3. INSTALLATION OF NEW DRIVEWAY.
3.1 General. Keystar will install a new driveway access to Glore's Property,
across Glore's Property, at a location designated by Glore and consistent with any plans
or specifications selected by Glore as to the materials, design and manner of construction
of the new access for which Glore may obtain approval from the City of Tukwila.
Regardless of the location selected by Glore and the design and specification of materials,
Keystar shall not be obligated to spend more than $3,500 to install the new driveway
access. The $3,500 limitation on the part of Keystar shall be without regard to whether
this amount will be sufficient to completely install the new access and shall be inclusive
of all costs to Keystar, including but not limited to: street improvements required by the
City of Tukwila, utility upgrades, permits, application fees, design fees, engineering fees,
third party consultant fees, traffic studies, as well as all costs of materials and labor. In
the event that the cost to install the new access is less than $3,500 limit, Glore shall not
be entitled to the difference between the finals costs of installation and the $3,500 limit.
Keystar will not include, in its costs of installation, any mark -up for any labor or
materials it will provide or any other costs of administration. All costs incurred by
Keystar whether by employees of Keystar or subcontractors, shall be directly passed
through to Glore, and shall only include applicable sales or use taxes.
3.2 Time.. The new access shall be installed by no later than August 1, 2001.
3.3 Failure To Install. In the event that Glore shall fail to request the
installation of the new access by Keystar or in the event that Keystar shall fail to install
the new access by the date specified above in paragraph 3.2, then as a liquidated damage
and not as a penalty, Glore shall be entitled to receive the sum of $3,500, less any costs
incurred by Keystar as Glore's sole remedy.
3.4 Duty To Cooperate. Glore shall cooperate with Keystar in its efforts to
install the new driveway access and give Keystar and /or its subcontractors reasonable
access to their property at reasonable times.
3.5 Duty To Restore Property. Keystar, as part of the cost of installing the
new driveway access, shall restore Glore's Property to the same or similar condition prior
to it being disturbed for the construction of the new driveway access.
4. HOLD HARMLESS; ENFORCEMENT. Keystar shall indemnify and
otherwise hold Glore harmless from any and all claims which third parties may assert
against Glore as a result of work done by Keystar to install the new driveway access. In
the event either party to this agreement shall commence and action at law to enforce any
provision, the prevailing party shall be entitled to an award of all taxable court costs and,
in addition, an award of reasonable attorney fees.
AGREEMENT TO INSTALL
TDI Vl A V -'%
5. MISCELLANEOUS.
5.1 Choice of Law. All of the terms herein and the rights, duties and remedies
of the parties shall be governed by the laws of the State of Washington.
5.2 Binding Effect. All of the benefits of this agreement shall inure to either
party's successors in interest and assigns and the obligations hereunder shall be binding
upon both parties' legal representatives, successors and assigns.
5.3 No Waiver. Neither party shall be deemed to have waived any rights
under this or any other agreement unless the waiver is in writing and signed by the party
who is waiving such rights.. No delay by either party in exercising their rights shall be a
waiver nor shall a waiver on one occasion operate as a waiver of such right on a future
occasion.
5.4 . Authority. In construing these terms and conditions, the singular shall
include the plural, all grammatical changes shall be made and implied so that this
agreement shall apply equally to individuals, corporations and partnerships, all as the
circumstances may require. For any party hereto which is a corporation, this instrument
has been executed by one of its officers or other person authorized to do so.
5.5 Construction. In the event either party should seek the assistance of a
court of law to construe or interpret any portion of this Agreement, both parties agree that
the Agreement shall not be interpreted or construed in the light most favorable or
advantageous to that party simply because that party was not responsible for drafting the
language in this Agreement and the portion in question.
5.6 Time is of the essence.
5.7 Counterparts; Facsimile signature. This agreement may be signed in
counterparts by the parties with the same effect as if all original signatures were affixed
to one page. Any party to this agreement may rely upon a facsimile copy of a signature
of another party to be of the same force and effect as an original signature and upon
demand, the party providing the signature by facsimile will deliver the signed original to
the requesting party.
Keystar, Inc.
AGREEMENT TO INSTALL
..ni•lc•VUA V -
La" ry Muel er, President
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Alan Glore
STATE OF WASHINGTON
County of KiN Cr-
I certify that I know or have satisfactory evidence that Alan Glore (ishare) the person(s)-
who appeared before me, and said person(&)- acknowledged that (he /she /they) signed this
instrument and acknowledged it to be (his /here) free and voluntary act for the uses
and purposes mentioned in this instrument.
DATED: 7 & / a oo
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AGREEMENT TO INSTALL
poWRWAV_4
Name (typed or printed):
NOTARY PUBLIC in and for the tateof
Residing at (Q.E'Lt 1,Q,
My appointment expires:
BRENDA THUVAN LE
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L:Y
STATE OF WASI- IINGTON)
COUNTY OF KING )
On this 1 a- day of /,. • /��� t� 0:4,6sr0 , before me, the undersigned,
a Notary Public in and for the State o , duly commissioned
and sworn personally appeared -1_ v� ,
to me known to be the POIsldet ) and S a/A2:,
ecretary,, respectively, of
the corporation that executed the foregoin instrument, and acknowledged 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 1 authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
written.
OFFICIAL SEAL _
SHEILA F. OSBORNE
Notary Public —State of Washington
My Commisslon Expires 3 -942
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Aria. 4f,
Nota Public a • for the State of
siding at
My commission expires:
3 - -, -o __
LEGAL DESCRIPTION
EXHIBIT "A"
LOT 2, BLOCK B, RIVER VIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 17 OF PLATS, PAGE 15, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Tax Acct:# 733240 0045
Alan Giore
3809 S. 130th St.
Tukwila, WA 98168
July 19, 2000
City of Tukwila
Re: Removal Of Objection To Short Subdivision
Applicant: Keystar, Inc.
Tax Lot: 734060 -0803
Dear Sirs/Madam:
This is to advise you in writing that we have reached a mutually acceptable
agreement with Keystar, Inc., as to the access driveway to my home and that we remove
any prior objection we communicated to you as to the approval of the above referenced
short subdivision application.
Alan Glore
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