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HomeMy WebLinkAbout203ORD T 1TAITC 7, "y 0 • ft.:�_ ^ �y - r�,T A ,r r� _T�,-�--,,)�, r,- h;A7S��, T+1:T PITCTTiiT AIT rO�PDI'.TA, 1`T ti n7li�r , �71� r nC (77)1.T T(),P_ S 7.�T/�f rTl'T"ALJ .��} n rl� C�)i�JTR�T T A :"�11 {il` A��l'.� _7 �r i.h .1'al ! •JV. ��_I,I`.i71''_1'i Al, C .�,1 STI L` S• � ttl , � T%�.... ­717T� �1 '� '.Ti � �� �j'�)r� T -:F IiFiD I'D PT,AT 0, 7 TII> ,rT; .T ADDU TC : T�� ,. T:'T, ICT 0 ' `� A I--�IT(DR OF YI "T C OiT?TTY, C,) 1�I7' C()',D I,I�,�`I]'!ITIO' Thi _REOE y; A I r T r„T) A ID ACTR N+ E 7: C,?IT,REAS, tre City of I ent has by ordinance properly passed contracted for tine buildint; of a main trunk sewer on Shinn Avenue and extending; westerly in a direct ext n sio l t]lereof across the property mrm ed by John 1-3. 'Tart :�aP and Caroline r . ?Tart,c.an, in ?Teeker's supplemental Pl•-at of Fi.rst Addition to Kent, KinC; County, 7'ashingt;)n, as ,Ir own by the .corder' plat t1-!ere3f in the office cf the Atid icor of Kine' County, 11'lasl inf`,ton ; and. ;I?FAS, t e Cit; o Kent lzas no rit }-t of way across the property of the said dart en and wife, v;hich lies s:,rholly beyond the corporate limits of t'-je saic). Ci_t; of i"ent; and 1,i,e Cit; of Tent ha, sou -'rt a conveyance from the said Ilartrlan and wife for an ease:;ent riE"nt to build the se',:1er across their land, and t, ie said IIart!,�an �-i rcl wife have tendered a deed for such rir;ht of way, -vj_th cl')nditions, upon t1 -ie express understand- ing toot the sa=ne be acce )ted by ordinance in due form and agreed to by tl-.e said Cit; of Yent, ti,!rich said deed is as follotivs: �KgOW ALL wX 31 Tim ?J35NAT31 T'r,at J'Ohz; ? 'tT&rt;rA%A and Q&rolia* A. wtiran, liur b4ild ajzQ wifo, of 3sxttle t washingtons as prrarties 01 teia first par , h4v$ ;'r%-"t*d &r:d "nN."41 &Ad. by the" prese its ao grant and iaciA' O) s for a goad Lei the City or a iwaiai.p i. avx@Gxic i�3� c.f t :s t.xrd o .�3il1, t} gtdtt« Gf +ash xsgtti 1, ae part; wa' t,t a sw�s�n ,part, aged Uj%L ite s asses , asastmeat right to enter uputi strip ,Of LAU& fif`ttaft fest in width; whose 30itudinaa canter 11116 is described, ta* w"t Regivoing at a point whish is f ivo hunare+i a4ventl-vino, { j f past 49V th* a�: u,.hee►�►t s;,rnfi�• of 7�luok Twenty �- sight ( 28) ixt Ye er" ei 8utpga a ot�tal PlrIt Zr the yirst Additi:41 to th* 'f' WU of 4. Ken%, iii the east liz►o of Blook T**rty-sevvrt (;,7) :�i' said ,plat, thenee Mouth sj'xty-aav'+.a (67) dograseo mast, (vurs"tiun ao 4001 for a +iis*. tare+ o#` f'ifts ► 3rsu �iarou �►airty�te u 1f :: } r4vt to Burt ju-;oree0tiQU with %he► West liner of Aleck Twority-nizi& (20 Of said Plot, *11 8ng 4 t t�i�y, glra*o aif lis a�ngi:ox�, as rant f'os & right of w#,y for 1A trunk sewer for said party of the aooQnd part, ror arrrrying s.bwags a4rta6S said property to 'Lits &ivar 1ij eaid 04uaty. �hxs ac:nv�yasscsw ie► saa►�ie sruiuj X0'4 to thcr i0llc0vjng aD ndit,iOris 1. 1'i; .t caii acwr 'arses ri ;nt a xti rt�e �_bo•�o ctocribed l,.nds not �tiiti.'�iG1� 1 L'i iliEiv.lkiXSd C.lECIt �fitil �,}�e 4GO WId OCQUP*AOX� W: they a"* fc,r the purpa;au vY a rsk;k t c+ ' ;y flue 54jw6r aimil b* atA are horObY eraorY�d C the k"-titsa i.'r t'had fix tat quit, thtsir 1141.rs wsd asatians: and Alfty LY usod b;( timet. 04* That rigid above dmfiori't Ud l And sI�.11 not be i,�,.t�►e swirl party of tikjo seaQad paint seps6rat6d frons the &QOiAing 1aU40 by i~e�oo car other b&rrisr s, ox +apt asp er ,x•utkati n wk:e.4 a"rLv&ti(�A is in pro• gross and when wca"ativa ib being aarr iad ,A the p1+400 aft"t" dhall bat properly protooted by barriers and by proper danger lights in the night tis$ * S. That the party of the second part shall loo&te and caaw struma out of eement or other indestruotuble materianl, within twelve months from the date of this instrumamt, and have the same in operation, and thereafter maintain, a first-class. and moot approved septic tank, connected with said main trunk sewer, to the westward of the most westerly point of the 2 and deseribed above, the saw► to be of surf iolont oapacity to supply the demands for sewerage of the inhabitants of the party of the a000nd part. 41 'Thaet there shell be constructed upon the land, above Osp-- scribed 4 trunk sewer of not lees than twenty-four (24) inch** In diameter, oomstructed in the most approved max>aaer, provided with four munheleal at such places as shall be agreed upon between the parties of the first part and the engineer of the party of the as000nd paaart# and the said manholes shall be provided with proper connections so that lateral sewers may be construated from bath the north and mouth and be served by the trunk sewer at the manholes designated above; provided, however, that the covering or top of the manhole* shall remain eighteen inches or thereabouts below the present surface of the ground, and shall so remain ass long as the property in question and that rad*joining oh.aal.l be used for farmins purposes, and whom the same in platted into streets, then and th+ere+- upon the masnholeis shall be brou,gbt to the surface and properly sapped and protected and ready for use. 51 That +ata►id sower shall be constructed so that the topemast part of the sewer pure shell be at least four feet below the natursl surface of the around as the same now lies, and athell be so I&UaL; ' at all of the land orrbraced in docks Nine (9) , Twenty-seven Twentjr-eight (28) , and Twenty-nine (29) of Meeker's Supplemental 71st of 7irst Addition to the Town of Scent, as shown by the plat thereof on file In the office of the Auditor of King County, Wash- ington, mfr be served -by lateral sewers with tae propoar foal when laid at the proper depth below the asu;rf sae. a; That the sower so Wood to be constructed by the party of the second palet shall be maintained in goad order for ell UM* in the future• 74 That in the use and oacupancy Of the lands afors's'", over which the eeasemeat right is granted, the party Of the saaeond part shall be liable to the owners of the abutting property for any damages thereto caused by the careless, negligent, or wrongful use of the property by the party of the sec cad part, its officers, agents, or employes, and shall promptly pay any damages that may accrue because thereof. 8. That the party of the second part shall fully oompensate the present 'tenants of the lands above described for any damages they or either thereof may sustain because of the granting of the easemea,t herein, and shall not enter upon said promises, or any part thereof, until all such damages shall have been paid and the written consent of such tenants obtained granting the party of the second part permission to go upon the lands first heroin described. 91, That the parties of the first part, their heirs and &*signs shall have and are hereby given the right now or at any time hero- as►f'ter to eanneot lateral sewers or cause the same to be connected with the main trunk sewer aforesaid, at the m.a,nhole# aforesaid pr" vi.di.ng T.he property now owned adjoining said main trunk sewer by the parties of the first part, which rights shall extend to the heirs and assigns of the parties of the first part. 10. That if the main trunk sewer over the easement right of wV granted aforesaid shoal not be maintained in accordance with this instrument,them and thereupon the easement right herein graated shall bomediately cease and determine, and the parties of they first paTtl their heirs and assigns, may and are hereby given the right to Ont*lt upon said promisees, %, d all thereof, declare this conveyance of no effect, end remove the party of the second part therefrom, and tharod- npga the party of tho second Part, its successors and aass ifn$, sral� to as and forf sit all right to the said property psi all thereof 11* fh&t tb* graant#* shaail imediately after the paesaeags Of the oardimna # provided fer herein cause this izIstzrt mmt, and a certl- fied copy of the ordinance to be tiled for roccrd in the Orifi6 of the Auditor of said King County, and pay the fee th earefor* 12. Before this instruza mt shall take effect, the party of the second part shall pass, through and by its Cocoon C;�unc 1, and have the vase approved by its Uayor, an ordinance in due and regular—fora according to law, acoppt 2nd, this in strum nt and convoyenae, and agreeing to all the provisions, conditions, and limitations beraein contained* IN TMTItory wwww, the parties of thR first part have caused view presents to be properly exe*utsd thiG 27th dot of Auguot* 1909. signed in the presence of s By Nor Aornaey � state of vaahington► sa3+ County OfIKIngf i on thin 27th day of August) 1909, before me, the under- signed, es Notary public in aa►rd for. t;he State Of W43hira00A duly consissioned wud aermrn, personally appeared John P. rt -M414 to We knuwa to be the same pereec,n mentioned in and mho subscribed his VAMS to the foregoing instrune zit, and &0kn wl edged. tar m* that he aeX"ut" tia ae S&m a as his fro* and voluntary oat and deed, f r the uses $Ad purposes therein $ala forth. WITHM98 WlTIRWY, I have hereunto eget, my hand and arfiaed my oftiQtoa seal the day azd year in this o<rtlfioate first above writ ton . — �' `4 j o nary ca n and for Thems" a a9► `_` .......... Washington, rodidii19 at 300,ttl e. State of T40h ing. County of King, See 4n this 27th day or Auguiat, 1909 before me,, tb.s undex- sirred, 6 Notary rablio in and for the Stale of 1 aahington, duly co,viosloned and sworn, personally appeared Jahn P. Harts to' so known to be this , gspe person iho subsoribed the name of Gine X. Herta m, && pr iao ipal, and his ovm n 4, as attorney in fact, to the foregoing instrum ut, and a©insowledgad to me that he smesuted tb.s same as the free 4nd vrlunt%ry act and deed of his said o0notitusnt and of himself as her attorney in fact, for the uses and purposes therein set forth* SST 1RTNISS WMI- o I have herstmto set my hexad &YA affixed my official s aaa, vt;i ak-d year in this a artifioate first abo" written. (YVC xota,ry Public in arid ror we 3sva Wiambington, resldinig at Seattle. 9 71 CITC(?UT?C:CL �, fig-+ 0_T Y CITC—)F T' '��: T DO ORDAIN A5 , Y 1+OI.T,O'T%S: Section 1. That t'fe deedtendored be 'and the sane hereby is accepted, subject to all. t .e c ;zditi ns, limitations, and req;-ire- ments tl.i.erein contained, C--I.nd. the Cit.; c ' Tent does hereby agree to abide by and Tuve t'., -..e be iefit of al.1 t,: r c, ?nditions, ,provisions, limitaLiwis, regLlirerle lts, a.rid c,iveiia.nt-.s c_i"italned in the deed, a true copy of v)• -!icl, is contain: d in t -_e ,rea ,Ie im-ned.iately preceding t' -is section. Section 2. Upon t'le passage, a iprc val, and piIblication in due and lei -al form. of this ordinance, t' -,e City Clerk shall, and is hereb„ directed to, cause this ordin:':nce to be duly certified ac- cording to law, .ancl t'-ien and t'r, ereupon file the same with the original deed, a, colo-- of tir' icYi is set o t af�-,resaid, in the office of the hudit,)r of saild T'int,_ Count ,and�ir�y tine recording fee therefor. "ect:ion 3. This ord:i.igance slha.11 t.a. e ei'fect a d be in force from . jid :after its passa,_-e and aopr_:val. Passed the Cit-; Co,mc it of -the CiI.- of Kent on ti -,is day of ;e >tewber, 1909. Cl erk. A,.proved by -,ne this day of )epte 'i,_ier, 1909.