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HomeMy WebLinkAbout2011 - Right of Entry - Segale Properties / Highline Water District - 20110819000333RECEIVED MAY 3 0 20121 OM Return Address: HIGHLINE WATER DISTRICT P.O. BOX 3867 23828 30 AVE. S. KENT. WA 98032 2 Me819000333 g WATER MIsc 65.00 P 4;E-001 OF 004 0t3�it9C0UNTY I1Wa t It G Dln�cn nrinf nr funs infnrmnfinn WAS411Mr;TnM STATE RFCQRn ER'S Cover Sheet (RCW 65.04) 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. IV O O O O O O W W W O O 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� Inc. N O O O O O O W W W O O N 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 N O O (O O O O W W W 0 O W ILC:20110819 N O O W O O O O W W W O 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