HomeMy WebLinkAboutCAG1984-0979 - Amendment - #1 - Heutmaker, Norman G. Jr. - Addendum for Domestic Sewage Facility - 05/13/1984 AGREEMENT FOR DOMESTIC SEWAGE FACILITY;
ADDENDUM TO COVENANTS
RUNNING WITH THE LAND;
CONTRACT ON ASSUMPTION
THIS AGREEMENT made and entered into by and between the CITY OF KENT,
hereinafter referred to as "CITY" and NORMAN G. HEUTMAKER, JR. and SHEILA
CYN HEUTMAKER, husband and wife, hereinafter referred to as "OWNERS" is intended
fn as a supplement and addendum to the document entitled PROTECTIVE COVENANTS
C) RUNNING WITH THE LAND. The parties further declare intent to comply with
M W.A.C. 173-240-104 (2).
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c0 1 . ADOPTION BY REFERENCE. The parties hereby adopt the document
attached entitled PROTECTIVE COVENANTS RUNNING WITH THE LAND (hereinafter
referred to as "COVENANTS") as fully as if set forth herein.
2. CONDITIONAL ASSUMPTION. The CITY agrees to assume the common
sewer pump described in the COVENANTS under the following conditions:
(a) If treatment efficiency becomes unsatisfactory either as a
result of plant capacity or physical operation; or
(b) If such assumption is necessary for the implementation of a
general sewer plan.
3. LIEN. In the event that assumption is accomplished, the CITY
shall have all powers to collect costs of assumption, maintenance, operation,
servicing, repairing and improving the sewer system from OWNERS or their
grantees, heirs, successors or assigns as set forth in Sections 4, 10, 11 and
12 of the COVENANTS.
4. RUN WITH THE LAND. These covenants touch and concern and run
with the land as to OWNER'S obligations and shall be binding on all persons
claiming under them for a period of ninety-nine (99) years from the date these
covenants are recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years unless an instrument signed
by a majority of the then owners of the lots has been recorded, agreeing to
change said covenants in whole or in part.
IN WITNESS WHEREOF, the undersigned have affixed their signatures.
CITY OF KENT
IS B L H GAN, MAYOR
Attest:
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Approved as to Form:
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P. STEP STEPffEN DIJULIO, CFTY ATTORNEY
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co R "R. -
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
This is to certify that on this day of Lk� 1984, before me the
undersigned, a Notary Public in and Tor—the State of Washington, duly
commissioned and qualified, personally appeared Norman G. Heutmaker, Jr. and
Sheila Heutmaker to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledge to me that
they signed and sealed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal , the day and year first above written.
a
ary Public in and for the State of
Washington, residing iniii� _
302L-4L