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HomeMy WebLinkAbout0203 ORD T 1TAITC 7, "y 0• r�,T Ar r�_T�, )�, r, h ASS +1T PTCTTIT AIT rO�PDI'.TA` (`,T t�n7C�r/, �71� r nC �lr_,, T TJ�Olj1_ P 7�TI�,,rTl,,T ATt A' n TO C`)i�JTR�ICT A :"�11 {il` li��l'.� _7 �r i .h .1'al ! •JV. ��_I,I`.i�1''_1'i +rlAl, %71 C.,1 I�:L` l , T .. 77 TT 1 Ti � T7I'l T 1 I� iD :D PT,AT 0,7 TII> ,rT; .T ADDU TC : T�� , T; .T T: 'T,ICT 0 ' `� A I--�IT(DR OF YI "T C.OiT?TTY, C ,) 1�I7' C()', D I,I�,�`I]'!ITIO ' T�i _REOE y,A ; .I',GT()?T) ATID ACTR,+.,E7: '711 T,REAS , t1-)e City of I-ent has by ordinance properly passed contracted for tb.e buildint; of a main trunk sewer on Shinn Avenue arid extending; westerly in a direct ext n sio l t]lereof across the property mrm ed b;; John P . 'Tart : axr and Caroline r . ?Tart,c.an, in ?Teeker' s supplemental Pl•-at of 7'i.rst A(3di.tic)rl to Kent , KinC; CC)unty , 7'ashingt;)n, as 31r own by the .corder! plat t1-!ere3f in the office cf the Atid itor of King' Ccunty,, 11'lasl inf`';ton ; and. AS , t e C.it o Kent lzas no r it} t of play across the he said dart �z and wife, v;hich lies %,�Tholly beyond the property of t corporate limits of t'-je saic). Ci_t; of T"ent ; and of I'ent has, 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 t1 ie said IIart:,�an �-L rcl wife have tendered a deed for such rir;ht of way, z _th cl')nditions , upon t1-ie express understand- ing tsla.t the sane be acce )ted by, ord:iia nce in due form and agreed to by tl-.e said Cit;� of Yent, ti,!Lich said deed is as follotivs : 1KgOW ALL wX 31 THW2 ?J35$AT31 T?,at J'Ohri Q&rolirso A. wtiran, liubb.%ud ajzQ wifo, of 3sxttle t ttr►s�ii.ngtan, a# prrarties 01 teia first par., k•.,av$ fir%-1t*d &r:d "nN."41 &Ad. by the" preserits ao grant and iaciA' O) s for +L g4od Lei the City c,i �ax�t, a .��.ioi. avx@Gxic�i�3� c.f t�:s t.xrd o�.a3il1, t}� gtdtt« Gf +a xsgtti 1, as part; wa' t,t a sw�s�nd ,part, as°id Uj%L ite s aosus , asastmeat right to enter uputi strip ,Of LAU& fif`tten fast in widtat whose 30 itvdinal canter 11116 14 describedm:a f�1:1 v1ts, ta*"'sit� Ragivoing at a pout which is f ivo hund esd, a4ventl-vino, { � east 4 4V# th* a�':u�.hee►�►t s;,rn of 7m�luok 'Ysent �-sight (28) jtA jj+j*ksj'' s 8utpga1a01011tal PlrIt Zt the yirst Additi:al to tie T�ivtn 4. :ez tr iti the east lij&6 of Blook T**rty-40Yv t swjxd ,plat, thence Mouth sj'xty_aav'+v.a (67) dagraseo mast, (vurs"tiun ao 4001 for a "s*► tane+a o#` f'ifts ► 3rsu �iarou �►airty�teu1f :: } 4vt tv Burt ix�tc�ree+ t .c� with %he► West liner of Block Twority-Uizi r (20 Of sold Plot, *11 8ng 4 t t�i�yr 81ra*o aif lie a�ng�:on, as rant f'os & right of w#,y for 1A trunk sewer for said party of the aooQnd part, ror arorry ing s.bwags aatrta6S said property tee tk, a "i a�tbe jAjvar 1ij eaid h . This ac:nv�yscsw ie► saa►�ie sruiuj c0'4 to thcr i0ilc0vjrtg aD ndit,iOris 1. 1'f; .t ai3. acwr 'arse ri ;nt a 1ti use �_bo•�o ctocribed lands not gltiY�.'�iG1i#t Ur lituv.1aistei►t With Ltle t+a3V Azad OCQUP+lAOX�v1' the a"* fc,r the purpa ;au vi a rsk;k t Of w*4 for 54jw6r aimil b* atA are horObY e�eorv�d tc the k"-titsa i.'r t'haa fix tat Punt, tht+ir Heirs wsd asaaians: and may Lp usod b;� thsAt. 04* That *&id above dmfior i't Ud l And aI�.l l not be 3��+..the said .Party of tikjo seaQjad paint seps6rat6d frogs the &QOiAing 1AU40 W #`en+Ai1�N car other b&rrisr s, ox +apt asp er ,x•utkati n wk:e:4 a"tav&ti(�A is in pro• gross and *ton. G=a ,:+vartiva ib being aarr iad vfl the P10400 eaft"ted dhall bat properly protsoted by barriers and by proper danger lights in the night t i s$. S. That the party of the second part shall Soo&te and caaw struet out of eament or other indestruotuble materianl, within twelve months from the date of this inastrumant, and have the same 1n operation, and thereafter maintain, a first-class. and most approved septic tank, connected with said main trunk sewer, to the weetwaard of the most westerly point of the land deseribed above, the saw► to be of surf iolent oapacity to supply the demands for sewerage Of the inhabitants of the party of the s000nd part. 41 'Thaet there shell be constructed upon the land, above 40- scribed 4 trunk sewer of not lees than twenty-four (24) inahass In diameter, oonstructed in the most approved max>aaer, provided with four manholes at such places as shall be agreed upon 'between the parties of the first part and the engineer of the party of the seeead part# and the said manholes shall be provided with proper connections so that lateral sewers may be constructed from bath the north and mouth and be served by the trunk sewer at the manholes designated aborts; provided, however, that Vi s 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 Woining ah.al.l be used for f'armins purposes, and whom the same in platted into, astrests, then and th+ere+- upon the manholeas shall be brou,gbt to the surface Lanai properly eappeat and protected and ready for use. 51 That aata►id newer shall be constructed so that the topmO st 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 l&M : at all of the land orribraced in docks Nine (9) , Twenty-seven Twe►nt r-eight (23) , and Twenty-nine (29) of VeekW a Supplemental Plat of ]first 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, many be served-by lateral sewers with Vino propoar fall when laid at the proper depth below the surf uoe. That the Beweat so agreed to be constructed by the per*7 of the second p&Vt shall be maintained in goad order for ell t in the future• 74 That in the use and sscapan.cy Of the lands aforesaid, ever which the easemeat right is granted, the party Of the saoond part shall be liable to the owners of the abutting property for any damages thereto eaused by the caroloss3, negligent, or wrongful use of the property by the party of the sac 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 oompensRts the present 'tenants of the lands above described for any damages they or either thereof may sustain b9oause of the granting of the easemea3,t herein, and shall not enter upon said promises, or any part thereof, until all suoh 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 herein described. 91, That the parties of the first part, their heirsf and assigns shall have and are hereby given the right now or at any time here- after to eanneot lateral sewers or oause the sauce to be oonnocted with the main trunk sewer aforesaid, at the m.ar holof 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 graented aforesaid shell not be maintained in accordanoe with this Instrument., them and thereupon the easement right herein granted shell 1mmediately cease and determine, and, the parties of they first paIrtl their heirs and assigns, may and are hereby givers the right to Ontee upon said promisees %-ad all thereof, declare this conveyance: of no effect, and remove the party of the second part therexfrom, and thor Upga the party of tho second Part, its successors and ass iOS, sral� to as and forf sit all right to the said property Ltnl all thereof 11* fh&t the granteat slaaaail imediately after the paSaeagee Of the ordimna# provided fer herein cause this izIstzrummt, aced a certl- fied copy of the ordinance to be tiled for roccrd in the ai'fI06 of the Auditor of said Kize Cuunl:y, and pay the fee th aerefor-o 12, Before this instrummt shall take effect, the party of the second part ahsal pass, through and by its Cormon C�uncll, and have the same approved by its Uayor, an ordinance in due and raegulow form according to law, acoppt ink this instrument and convoyenas, and agreeing to all the provisions, conditions, and limitations herein contained* IN T TItory wwww, the parties of the first part have caused these presents to be properly executed thiG $'nth dot of August* 1909. Signed in the presence of s By Nor orney state of wwahtng'ton� sa3+ County OfIKIng4. i On thin 27th day of August, 19090 before me, the under- signedp u Notary Public in aa►rd for. t*ne State of WashingtoU duly Gonsissioned wnd areaarn, personally appeared %Tohn P. fartm4N to at knuva to be the same person mentioned in and mho subscribed his VAMS to the foregoing instrum zit, and &0kn al edged. tar me that he aeX"utaed tka a *same as his fro* and voluntary sat and deed, for the z 609 NAd purposes therein eels forth. WITHM98 WlTIRWY, I haa►vve hereunto saet, my hand and arfiaed my offioial deal the day azd year in this o< rtlfioate first above writ ton . — iL j a nary +d n and for Thems" a a9► `_` .......... Waaashingtono resi.dii19 ats 300,ttl #. State of T40h ing. County of King* See On this 27th day or Aug,-xiit, 1909 before me,, tb.s under sig-red, g Notary roblio in and for the Stale of 1 aahington, duly Oo,t,aj cloned and sworn, personally appeared Jahn P. Hartr W as known to be this ,gspe person Vh® subscribed the name of Camilne X. Hsrta m, && pr iao ipal., and his ovm na=4, as attorney in fact, to the foregoing instrum ut, and a©knowledgad to me that he smesuted tb.s same as the free 4nd vrlunt%ry act and deed of his said o0notituont 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 bAnd a affixed my official s aaa, vt;i ak-d year in this a artifioate first abo" written, o a,ry NLY5 UT and fbr the Utatt o Va.ob in Rton , reslding at Seattle, 717, CITY COUT?C:CL 0-1 T 7 TE, CITY C—)F T' '��: T DO ORDAIIT A5 w0l'T,07TS: Section 1 . That t'f,e deedtendored be 'and the sane hereby is acce )ted, subject to all. tl�.e c: nditi,,ns, limitations, and reg; ire- ments tl.i.erein contained, c- .nd. the Cit. o ' Tent does hereby agree to abide by and have t'r.. e bei,,efit of a11. t7 r c, ?nditions , ,provisions, limitaLiwis, regairerilents, aid cove iant--s c­-iitalned in the deed, a true copy of .v -!icl, is contain:nd in t-- e ,;-ea r,le im,ned.iately preceding t'- is section. Section 2. Upon t'le passa l-e, apprc val , and pLIblication in due and lei-al form. of this ordinanee, 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, cop-- of v;'I,ich is set o t af�) resaid, in the office of the Audit,)r of saild T'int,_ Cuunt , and uay tine recording fee therefor. "ect:ion 3. This ord:i.igance slha.11 t.a. P. effect a d be in force from a,ld :after its passa,_-e and aopr_:val . Passed the Ci t-, Co,mc it of -the C iI.- of Kent on ti,is day of September, 1909 . - -- � Clerk. A,.proved by ne this day of epte 'iber , 1)09 .