HomeMy WebLinkAbout2014 - Assignment of Easement - King County - 20140813000092ADM-ES-0830
King County Real Estate Services
500 Fourth Avenue, Rm. 830
Seattle, WA 98104
111111111 11111111 11111111 II
20140813000092
KC REAL ESTATE EAS 79.00
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08/13/2014 09:33
KING COUNTY, WA
Document Title(s) (or transactions contained therein):
NOTICE OF ASSIGNMENT OF EASEMENT (AGREEMENT)
Reference Number(s) of document assigned or released:
51-046343
Grantor(s) (ASSIGNOR) (Last name, first name, initials)
KING COUNTY, a political subdivision of the State of Washington
Grantee(s) (ASSIGNEE) (Last name first, then first name and initials)
CITY OF TUKWILA, a Washington municipal corporation
Legal description (abbreviated: Le. lot, block, plat or section, township, range)
Additional legal is on Page N/A of document(s).
Assessor's Property Tax Parcel/Account
Number(s) : N/A
The Auditor/Recorder will rely on the information provided on the forrn. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
EXCISE TAX NOT REQUIRED
King C RecordsjA. jtjop •
By epUty
bea ham
PA6-
WASHINGTON STATE DEPARTMENT OF
atural Resources
Peter Goldmark - Commissioner of Public Lands
NOTICE OF AND CONSENT TO ASSIGNMENT OF EASEMENT
Easement No. 51-046343
NOTICE OF ASSIGNMENT
This Notice of Assignment ("Agreement") is made by and between KING COUNTY, a
government agency/entity, whose address is 500 4th Avenue #830 (MS-ADM-E0830), Seattle,
WA 98104 ("Assignor") and, the CITY OF TUKWILA, a government agency/entity, whose
address is 6200 Southcenter Boulevard, Tukwila, WA 98188 ("Assignee").
BACKGROUND
Easement No. 51-046343 was entered into on the 1st day of November, 1984, by and between
BOARD OF COUNTY COMMISSIONERS OF KING COUNTY as Grantee and the STATE
OF WASHINGTON, acting through the Department of Natural Resources, as landlord ("State"),
and recorded with the N/A County Auditor's office under recording number N/A, (the
"Easement").
Assignor desires to assign and Assignee desires to assume the rights, duties, and liabilities of
Grantee under the Easement. The Easement prohibits an assignment without State's consent.
State is willing to give its consent based upon the assurances and agreements made in this
Agreement.
THEREFORE, Assignor, and Assignee agree as follows:
SECTION 1 NOTICE OF INTENT TO ASSIGN
Assignor gives notice of its intent to assign Easement to Assignee. Assignor warrants to State
and Assignee that Assignor will assign all of its rights, title, and interest as Grantee under the
Easement to Assignee effective the 1st day of May, 2014 ("Effective Date"), far the balance of
the term as provided in the Easement upon State's consent to the assignment,.
Notice of and Consent to Assignment of Easement Page Z of `f) Easement No. 51-046343
SECTION 2 NOTICE OF INTENT TO ASSUME
Assignee gives notice of its intent to assume all the duties and liabilities of Grantee under the
Easement for the balance of the Easement term as of the Effective Date. By signing this
Agreement, Assignee also guarantees faithful performance and discharge of the duties and
liabilities of Grantee according to the terms of the Easement, even in the event that no
assignment occurs.
SECTION 3 RELEASE OF ASSIGNOR
State releases and discharges Assignor from performing the provisions of the Easement as of the
Effective Date. This release applies only to obligation and claims arising under the Easement
after the Effective Date.
SECTION 4 MODIFICATION OF LEASE AT TIME OF ASSIGNMENT
The assignment and any change, modification, or amendment to the Easement shall occur
contemporaneously. Assignee has the obligation to obtain a copy of the Easement and any
contemporaneous amendments. Assignee has the further obligation to provide Assignor with a
copy of any contemporaneous amendments.
SECTION 5 FURTHER ASSIGNMENTS
Further assignmentshall not be made without prior written consent of State.
SECTION 6 WARRANTIES
Assignor represents and warrants to State and to Assignee that:
(a) The Easement is in full force and effect;
(b) Assignor is not in default or breach of the Easement;
(c) Assignor has no knowledge of any claims, offsets, or defenses of any Grantee
under the Easement;
(d) Rents due subsequent to this assignment have not been paid in advance by any
Grantee; and,
(e) To the best of Assignor's knowledge, the property is in full compliance with all
applicable federal, state, and local governmental peunits, rules, ordinances, and
laws. Assignor shall defend, indemnify and hold State harmless from any breach
of the foregoing warranties and from any claims or causes of action, known or
unknown, of Assignor that have or may arise from circumstances that precede the
Effective Date.
Notice of and Consent to Assignment ofEasernent Page 3 of Q, Easement No. 51-046343
SECTION 7 NOTICE
Assignor instructs State to send all future notices to Assignee to the following address:
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
SECTION 8 RECORDATION
Assignor agrees to provide written notice to State that the assignment has been executed. Such
assignment must occur within 60 days of the date upon which this Agreement is executed.
Written notice may consist of providing State with a copy of the assignment document, recording
the assignment document in the county in which the property resides, or recording a
memorandum of assignment with the county in which the property resides.
SECTION 9 CONSTRUCTION
This Agreement shall be construed under the laws of the State of Washington. In the event of
conflict between any tem', condition, or provision of any agreement between the Assignor and
Assignee, and the terms of this Agreement or the Easement, the terms of this Agreement and the
Easement shall control. In the event of conflict between any term, condition, or provision of this
Agreement and the Lease, this Agreement shall control.
THIS AGREEMENT requires the signature of all Parties and is executed as of the date of the last
signature below.
Dated:
, 2
ASSIGNOR: G COUNTY
By: GAI HOUSER
Titl . Real Estate Services Manager
Address: 500 4th Avenue #830
(MS-ADM-E0830)
Seattle, WA 98104
Notice of and Consent to Assigrunent of Easement Page I of S Easement No. 51-046343
Dated:
, 20
itjl
ASSIGNEE: CITY OF TUK I A
By: HAGGE
/
Title: ayor
Address: 6300 Southcenter Blvd
Tukwila, WA 98188
H. CONSENT TO ASSIGNMENT BY STATE
In consideration of the foregoing Agreement, State consents to the Assignment of the Easement
to Assignee. However, State expressly conditions this consent on the understanding that neither
State's consent nor its collection of rent from Assignee shall be a waiver of the covenant
restricting future assignments or subletting. Except as set forth in the foregoing Agreement, no
provision of the Agreement or this consent alters or modifies any of the terms and conditions of
the Easement, including the requirement that the written consent of State be obtained before any
further assignment of the Easement or subletting of the property occurs.
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Title: Commissioner of Public Lands
Address: Shoreline District Aquatics
950 Farman Avenue North
Enumclaw, WA 98022-9282
Approved as to foini this
27 day of March 2014 by
Terry Pruit, Assistant Attorney General
Notice of and Consent to Assignment of Easement Page C of '6 Easement No. 51-046343
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of K')
I certify that I know or have satisfactory evidence that GAIL HOUSER is the person who
appeared before me, and said person acknowledged thatche signed this instrument, on oath stated
thatshe was authorized to execute the instrument and acknowledged it as the REAL ESTATE
SERVICES MANAGER of KING COUNTY to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
(Seal or stamp)
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(Signature)
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(Print Name)
Notary Public in and for the State of
Washington, residing at Ce 4-1-GE.
My appointment expires
Notice of and Consent to Assignment of Easement Page 6 of q7
44..) NI o
Easement No, 51-046343
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of
I certify that I know or have satisfactory evidence that JIM HAGGERTON is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the MAYOR of the
CITY OF TUKWILA to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
(Seal or stamp)
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Notice of and Consent to Assignment o
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Notary Public in and for the State o
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Washington, residing at
My appointment expireS3-9
ent Page of Easement No. 51-046343
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON)
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County of ui 3\ k/A
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the COMMISSIONER
OF PUBLIC LANDS, and ex officio administrator of the DEPARTMENT OF NATURAL
RESOURCES OF THE STATE OF WASHINGTON to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
(Seal or stamp)
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Notice of and Consent to Assignment of Easement Page 8
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Notary Public in and for the State of
Washington, residing at \
My appointment expire
f Easement No, 51-046343