HomeMy WebLinkAbout2011 - Right of Entry - Segale Properties / Highline Water District - 20110819000333RECEIVED
MAY 3 0 20121
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Return Address:
HIGHLINE WATER DISTRICT
P.O. BOX 3867
23828 30 AVE. S.
KENT. WA 98032
2 Me819000333
g WATER MIsc 65.00
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Document Titles) (or transactions contained therein): (all areas applicable to your document must be filled in)
1, Right of Entry
Reference Numbers (s) of Documents assigned or released:
Additional reference Vs on page of legal description
Grantor(s) (Last name first, then first name and initials)
1 • Segale Properties LLC
2.
Q Additional names on 1st page of Utility Easement
Grantee(s) (Last name first, then first name and initials)
1. Highline Water District
2.
0 Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range NE-35-23-04
Q Additional legal is on pages of Utility Easement Legal Description.
Assessor's Property Tax Parcel/Account Number: 3523049121
[] Assessor Tax # not yet assigned.
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
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ILC:20110819
HIGHLINE WATER DISTRICT
Right of Entry Agreement
Segale Properties LLC hereinafter referred to as "Owner", is the
Owner of the property legally described in Exhibit "A" attached hereto. The address of such
property is: 18100 Andover Park west
Owner grants to Highline Water District the right to enter upon the above described property for
purposes of reading and maintaining the by-pass water meter and Touch Read Pit Lid (TRPL)
attached to the 6 inch double detector check valve assemble (DDCVA) installed inside
the fire vault. The Owner shall retain ownership of the cement vault and the 6 inch
DDCVA.
Except for access necessary to maintain and operate said by-pass water meter and TRPL, all
rights granted hereby shall be limited to the portions of Owner's property approximately
portrayed by the two red lines and connected symbols also in red all as shown on Exhibit "B"
attached hereto.
Highline Water District and the Owner agree that the Owner shall not alter the installed 6
inch DDCVA and vault, including covering or obstructing access to the vault, without the prior
written approval of Highline Water District. Any damage caused by the Owner or their agents to
the by-pass meter and/or TRPL shall be repaired by Highline Water District at the Owner's
expense.
Owner agrees and understands that this perpetual right -of -entry document will be recorded with
the County Auditor and will be binding upon heirs, successors and assigns of Owner.
Owner and Highline Water District agree that the Owner has incurred no displacement costs or
relocation costs by virtue of the Agreement. Highline Water District agrees to furnish, install,
operate and maintain the by-pass meter and TRPL in a reasonable condition and to do the work
in a workmanlike manner, promptly, neatly, and with as little interference to the real property
and improvements thereon of Owner as reasonably practicable. Ownership of the by-pass
meter and TRPL on the described parcel of real property shall remain the property of Highline
Water District.
The terms and conditions of the Addendum =06ox
ry Agreement attached hereto are
incorporated Bherein by this reference.i
T
Segale Properties LLC malUger
Dated this 5 day of Nov a 4,- ,20�
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ILC:20110819
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of , before me the undersigned, A
Notary Public, personally appeared , to me known to be the individual
or individuals described in and who executed the within and foregoing instrument, and acknowledged
that it was signed as a free and voluntary act and deed for the uses and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
written.
Print or stamp name of Notary
Notary Public for the State of Washington,)
residing at
CORPORATION ACKNOWLEDGEMENT
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this S day of N . Zo10 , before me the undersigned, a Notary Public,
personally appeared Mar lc Segs k , to me known to be the within and foregoing
instrument, and acknowledged 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
(she or they) was (were) authorized to execute the said instrument and that the seal aft-med
is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
written.
flit'. ]OMBS
NOY .1BLIC
STA I ; t' , 'INGTON
COf&' ... XPIRES
DEC 2011
rc-.h
BRIAN R. COOMBS
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
DECEMBER 15, 2011
of
16ria,, C :00--br
Print or stamp name of Notary
Notary Public for the State of Washington,
residing at-ruk..; Ig
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ILC:20110819
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Addendum to Right of Entry Agreement
between Segale Properties LLC and Highline Water District
1. To the greatest extent permitted by law, Grantee shall defend, protect and
indemnify Grantor and save it harmless from and against any and all losses,
costs, claims, suits, liabilities, causes of action and expenses of any kind or
nature that may be imposed upon or asserted against Grantor, (1) arising from
any act, omission or negligence of Grantee or Grantee's employees, agents,
contractors, guests, invitees or licensees in or about the right of entry area or
Grantor's property, or (2) arising from any accident, injury or damage to any
person or property, occurring in or about the right of entry area or Grantor's
property, including such as may be caused by or result from the concurrent
negligence of Grantor and any other party, arising from, related to or in
connection with the rights granted under this Right of Entry Agreement.
2. All right, title and interest that may be used and enjoyed without interfering
with the rights herein conveyed are reserved to the Grantor.
3. Upon ninety (90) days prior written notice from Grantor to Grantee,
Grantee shall relocate the right of entry area and Grantee's systems to a location
mutually acceptable to Grantor and Grantee, provided however, that such
relocation shall be at Grantor's sole cost and expense.
4. The rights herein granted shall continue until such time as Grantee ceases
to use the right of entry area for a period of two (2) successive years. In such
event, this Right of Entry Agreement shall terminate, and any improvements
remaining in the right of entry area, shall revert to or otherwise become the
property of Grantor, and Grantee upon request of Grantor, shall provide Grantor
with a document in recordable form releasing to Grantor any and all of Grantee's
rights to the right of entry area.
[End of Addendum to Right of Entry Agreement]
ILC:20110819