HomeMy WebLinkAboutCAG1988-021 - Original - Raymond & Verna Clark - Water System Improvement Agreement - 05/25/1988 AFTER REURJING
RAIL TO:
Citv of Kent
Pronerty 'lanagement Div.
220 4th Ave So CITY OF KENT
Kent, 'AA 98032 CLARK/HANGO Y•
Attn: Carol Storm
WATER SYSTEM IMPROVEMENT AGREEMENT �s
This Agreement made and entered into the _2S" day of 1988, by and
between the City of Kent, a Washington State Municipal Corpor ion,
hereinafter referred to as "CITY" , Raymond W. Clark and Verna Jean Clark,
husband and wife, hereinafter referred to as the "CLARKS" and Richard L.
Hango, a single man hereinafter referred to as "HANGO" .
,-
WITNESSETH:
1 . RECITALS.
1 .1 The CLARKS are the owners of the real property described in Exhibit
Q "A" and HANGO is the owner of the real property described in Exhibit
f4a'
"B". Both described properties are within the service area of the
CITY's water utility.
1 .2 The CLARKS have two single family residences on their property
(22652 108th S.E. and 22656 108th Avenue S.E. ) and HANGO has one
single family residence on his property (22628 108th Place S.E. ) .
Existing water service to these residences is provided by a jointly
shared and private well for which the water supply therefrom is
presently inadequate or nonexistent.
C4 I
r..,
1 .3 Both the CLARKS and HANGO have requested water service from the
CITY; however, neither presently have direct frontage service to a
y
CITY water main. A CITY water main does exist near the southwest
corner of the CLARKS' property within the right-of-way of 108th
�o ice; Avenue S.E.
1 .4 Because neither have direct frontage on a CITY main, provision for
the supply of CITY services requires that they request an extension
of the CITY' s main along their frontage as a prerequisite to
obtaining CITY water service.
`,3 y
1 .5 Both the CLARKS and HANGO have requested that in lieu of a main line
extension, the CITY allow a temporary water service connection for
each of their respective residences to be made at the existing main
as determined by the City of Kent with the understanding that upon
sale, transfer, conveyance, additional development or improvement of
their respective properties, the extension to the CITY' s main line
would be made prior to CITY continuing to provide water service
thereto.
1 .6 This is acceptable to the CITY since the water main extension is not
crucial to the operation of the affected portion of the CITY' s water
system and its ultimate purpose is only to temporarily service the
properties therein described.
2. AGREEMENT.
In consideration of the following it is hereby agreed by and among the
parties that: /'�'I- C
/O N 2.1 The CITY will allow a total of temporary water
W servicemeter connections to be tapped to its water main located near
O
the southwest corner of the CLARKS property herein described for the
sole purpose of providing water service to the following single
family residences:
22652 108th Place S.E. (See Exhibit A) ,
22628 108th Place S.E. (See Exhibit B)
2.2 Within sixty (60) days after either: the sale, transfer,
conveyance, development, or improvement of the property resulting in
an increase of water usage described herein in part or whole to any
person or entity (excluding any sale or transfer between the Clarks
and Hango so long as said transfers do not result in an increase of
water usage) other than Raymond W. Clark and Verna Jean Clark,
husband and wife, or Richard L.Hango, a single man; or the approval
by the appropriate political jurisdiction of a certificate of water
or sewer availability; or the issuance of a building permit, a
rezone, a short plat, a plat, or other land use related action by
the City of Kent, a water main extension, in accordance with a CITY
approved plan shall be completed and be made available for service
connections thereto. Said extension shall be undertaken
immediately and shall be at the sole expense of the owners of the
property herein described as directed by the City of Kent. CLARKS
and HANGO agree that it is their affirmative duty to disclose by
written notice to the City any sale, transfer, conveyance,
development, or improvement of the property described herein.
2.3 the City reserves the right to accept payment through the formation
of a Local Improvement District (L.I .D. ) pursuant to KCC Chapter
3.20. The determination by the City to accept or reject this
funding option shall be the final and sole decision of the City.
2.4 The property OWNERS hereby agree and covenant that the provisions of
tl? this Agreement shall be duly recorded and shall run with the land in
perpetuity, including the requirement that said OWNERS and
successors, transferees and assigned shall participate in and not
GD
protest the formation of a Local Improvement District (L.I.D. ) which
incorporates the water main improvement of Section 2.2. Failure of
GO the property OWNERS of the herein described property to comply with
the terms or conditions of the Agreement shall result in termination
of all temporary water service connections herein granted without
any necessity for advanced notification by the City.
2.5 If, by any reason of any default or breach on the part of either
party in the performance of any of the provisions of this Agreement,
any legal action is instituted, the party not prevailing agrees to
pay all reasonable costs and attorney fees in connection therewith.
It is agreed that the venue of any legal action brought under the
terms of this Agreement shall be brought in King County, Washington.
2.6 This Agreement shall be binding upon the heirs, successors, assigns
and all other parties legally empowered with signatory rights of any
or all of the parties hereto.
2.7 Should any term, provision, condition or other portion of the
Agreement be held to be inoperative, invalid, or void, the same
shall not affect any other term, provision, condition or other
portion of this Agreement and the remainder of the Agreement shall
be effective as if such term, provision, condition or portion had
not been contained herein.
2.8 The parties agree that a copy of this agreement shall be filed with
the King County Recorder' s office and constitutes notice of benefits
and burdens running with the land.
DATED this _day of - 19
Rr APPROVED by Motion of the CitIA-yk-L-
Council of the City of Kent, Washington,
at its regular meeting held on 19�9
RAYMOND W. CLARK THE CITY OF KENT
MAYOR
TITLE
VERNA JEAN CLARK
APPRO ED AS TO FORT:
RICHARD L. HANGO
J C-i t Attorney
3913L-17L
EXHIBIT A
The East 150 feet of the West 405 feet of the South 85 feet of the North half
of the South half of the Northwest quarter of the Northeast quarter of
Section 17, Township 22 North, Range 5 East W.M. , in King County, Washington.
AND ALSO:
Lot 2 of King County Short Plat No. 384041 , Recording Number 8408170499 said
Short Plat described as follows: The South half of the South half of the
Northwest quarter of the Northeast quarter less the West 30 feet for road less
the following in Section 17, Township 22 North, Range 5 East W.M. , in King
County, Washington; Beginning at a point on the South line of said Northwest
quarter, 30 feet from the Southwest corner of said subdivision; thence East
along said South line 245 feet; thence North 180 feet; thence West 215 feet;
thence South 30 feet; thence West 30 feet to the East line of the West 30 feet
of said subdivision; thence South along said Easterly line 150 feet to the
TRUE POINT OF BEGINNING.
GA
In
Cj?
•
EXHIBIT B
The West 255 feet of the South 85 feet of the North half of the South
half of the Northwest quarter of the Northeast quarter of Section 17,
Township 22 North, Range 5 East, W.M. , in King County, Washington;
EXCEPT the West 30 feet thereof; TOGETHER WITH an easement over the
North 30 feet and the West 30 feet of the West half of the Northwest
quarter of the Northeast quarter and over that portion of the North 30
feet of the Northeast quarter of the Northwest quarter of said Section
17, lying East of Benson Road Revision; EXCEPT that portion of said
North 30 feet lying within that portion conveyed to King County for road
under Auditor' s File No. 1002697.
0
t�
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
I, the undersigned, a notary public in and for the At to of Washington,
hereby certify that qnw t,his day of 19 personally
appeared before me l� a known to be the
individual (s) described ih and who ex uted the foregoing instrument and
acknowledged that they signed and sealed the same as their free and voluntary
act and deed for the uses and purpo the ein mentioned.
Notary Public in and for the S 9��
of Washington, residing at
My appointment exp,;res
eta
t
0
a�
STATE OF WASHINGTON)
)SS
COUNTY OF KING )
On this,)"-t""day of .,19 before me, the undersigned, a Notary
Public in and for the ate of Washington, duly commissioned and sworn, personally
M
appeared (.A tiL ,_( �- ,�.� ( -(_�__�1_� �_ and
to me known to be
of )h_ 1 • =-, Corporation, the
theand �` ``"�
Corporation- hat executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, and
for the uses and purposes therein mentioned, and on oath stated that they were
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 day and year first
above written.
"
a
Notary Public in and ,;LF Z"Ur' ',0
Washington, residing ice_
C'? My appointment expire ;
GD � y