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HomeMy WebLinkAbout1106RESOLUTION NO. ;I~~ A RESOLUTION of the City Council of the City of Kent, Washington, relating to utilities; authorizing a City of Kent Utility Connection Waiver Agreement. [Application of Donald D. and Mary N. Lohman.] THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The CITY OF KENT UTILITY CONNECTION WAIVER AGREEMENT attached hereto and incorporated herein by this reference, is hereby authorized. The Mayor be and he is hereby authorized to execute said AGREEMENT for and on behalf of the City of Kent. Passed at a regular meeting o~ity Council of the City of Kent Washington this~ day of~-1986. ~curred in by th of the City of Kent, this ~ day of~~ , 1986. ~ '----~~. ~ L__'-- ~~~~~===-~~~~----------KELLEHER, MAYOR ATTEST: APPROVED AS TO FORM: I hereby certify that this is a true and correct copy of Resolution No. //0 b , passed by the City Council of the City of Kent, Washington, the !.?>. day of~· , 19 8 6 • ~~ (SEAL) MARIE JE~YCLERK 3610-140 CITY OF KENT UTILITY CONNEJJTION W AIVE1l AGREFli!ENT This Agreement, made ani entered into this iay of ') "~J f ··· , l,,~~L~-_, by and between the City of Kent, a Washington municipal corporation, hereinafter referred to as "City", being iuly organized and existing un«er and by virtue of the laws of the State of Washington, and Donald D. and Mary N. Lohman, a married couple, hereinafter referred to as 11 Lohmans 11 s WlTNESSETHs WHE!EAS, Loru~ans want to develop the property legally desor~bed herein in Exhibit A and hereinafter referred to as "Parcel A" (located Jlt 8611 s. 192nd Street) with a modular office building; and WH.El\EAS the City requires new industrial/canmercial developnents to be serviced by a public owned and operated sanitary sewer system; and ~IEREAS the sanitary sewer system which exists on l92nd itreet is owned and operated by Cascade Sewer District; and WHEnEAS a Joint use agreement thereon between the City and Cascade Sewer District does not exist and the likelihood of such an agreement being executed is remote; and WHERE~ the nearest City owned and operated sanitary sewer system is on East Valley Highway; and "WHEREAS as Lohrr.ans Parcel A is large .enough to support a septic system which meets Seattle-King County Health Department standards; THEREFO~E, in consideration of the following, it is hereby agreed by and among the parties thats . I 1. The City would not de~ the issuance of a building permit for an 840 square foot modular office building on Parcel A which utilizes a septic system on Parcel A as its sewage disposal maans; 2. Lohmans will secure the approval of the Seattle-King Bounty Health Depar'bnent for the use of the septic disposal system on Parcel A as the sewage disposal means for Parcel A; 3. Upon submission for a building permit on Parcel A to the City, the Lohmans will include therewith the Seattle-King County Health Department approval identified in Section 2. 4. Lohmans shall retain e ole ownership of Parcel A until Parcel A is either connected to a Public sanitary sewer system ~·t~9 developnent thereon is abandoned. O'(' \)Y \) 5. Should a failure of the septic system identified herein occur as determined by the City, Lohmans shall at their sole cost and _expense connect to the City's sewer system. 6. Lohmans failure to comply with the term and conditions set forth herein shall result in revocation of the permit, forfeiture of all rights to occupy of otherwise use the identified development. 7. If, by any reason of any default or breach on the part of either party in the performance of a~ of the provisions of this Agreement, a 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 may be in King County, Washington. e. 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. 9. 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. DATED this _/...;?_, day of_~~';_-~ _______ , 1,£'.£-_ ( ) APP.ROVED by 1\esolutio.n No. __ ./ t_ Q_~_of the City Council of the City of Kent, Washi~ton, at its regular meeting held on __ .D2I} ;j _ L.ot ______ , 19 _a-___ • _____ CITY OF KENT-~ ~ -~ ~ -.. J_)/ .· By;)~.-C~L-~ ---------.........._--- Title:l'7'tl · .· 1·; -7'!-_;;...-- - - ---- - - •.' ' ' -3.- t:l AGR~ to ~~~-~-day of _Lll£'3:j---------y--;;c;,-Jt 19_f_? __ , by _\~ ... :/-tv'~::.! ·· -li~--_________ and _ .J2 LL~ __ ~---__ ..f2:::-~~:::-:--, hereinbefore referred to as LOHMANS. 0 cuJ.)t.-l-ol-trnfltl./tU7.:.l:l.Lii LU 0< · '-'·' /"1 ,·,-, N 1J <} 71 <./ ,,., J) 7 . 1./ -J I t) .;-j'i) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) This is to certify that on this day personally appeared before me ______ Llo~£c~_Ll __ ~£l~-E1La~J-----------------------------------------. /Y! -t j ;};_ ~/, . /(_..) ----------L~jL-----L~Q_LJU~~-------------------------------------------- to me known to be the individual(s) described in the foregoing instrument, and acknowledged that _27~~~----signed the free and voluntary act and deed, for the uses and mentioned. same as ______ _ purposes therei11 Given under my hand and official seal this ~~~day of ~£2~--- 19_&:.-'~· 1-86 4/11/86 I ,., ---.. . \, "' ~ ~· 1'/ :. .' -. • . __ _A:_(_'!_!__fl_iie!:...~;}L~------- N o tar y Pub 1 i c i n and_ .r.:o r the: S t a t e g..~ W a s h i h g t ~ n r e s· i d i n g at _Lf.f..:i.i;.'d.:f.L.;_(Lj_ _________ _ I l EXHIBIT A (Parcel A) That portion of the Northwest quarter of Section 6, Township 22 North, Range 5 East, W.M. in King County, Washington, described as follows: Beginning 1588.37 feet west and 20.00 feet south of the north-east corner of northwest quarter of said Section; said point being the True Point of Beginning; thence north 20.00 feet to the north line of said subdivision; thence west along the north line thereof a distance of 160.63 feet; thence south 00°49'52 11 east a distance of 181.00 feet; thence south 89045'52" east a distance of 160.63 feet; thence north 00049'52" west a distance of 161.00 feet to the True Point of Beginning; Except any portion thereof lying within S. 192nd Street.