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HomeMy WebLinkAbout2010 - Undergrounding Agreement - Qwest - 20101208000363Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. ,ndjr'rDUn. A rternen 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1 1 1 ©--F Lt Icccl t A,_ Wf 2. Additional names on page of document. name(s) appear on document Grantee(s) -f- i. r uue_..5 1 2. 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) N{ S i cu., o u-rh 135 f o f -fween 3l" Ave- S 3+ kale_ #320 artd 31T AuE S _awe_ Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number N 1 Assessor Tax not yet assigned The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin /formatting requirements Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 'zmimi 8 00363 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) In accordance with the Tukwila Municipal Code, Qwest's proposed fiber optic system on existing Seattle City Light/Qwest utility poles located within the City of Tukwila right of -way (on the North side of South 135 Street between 32" Avenue South Qwest pole #3202 and 37 Ave. South Qwest pole #13500) requires undergrounding. In compliance with the requirements of Ordinance No. 1607, Qwest has demonstrated application with the Underground Ordinance will create undue hardship if carried out as part of the project. The undergrounding requirement is hereby waived provided that Qwest agrees to participate in future undergrounding improvements for its proportionate share of the undergrounding costs on South 135 Street between 32 1th Avenue South Qwest pole #3202 and 37 Ave. South Qwest pole #13500. Furthermore, if the L.I.D/U.L.I.D process is used to carry out the construction of the undergrounding improvements, Qwest waives the right to protest the L.I.D/U.L.I.D formation. Qwest retains the right to contest the method of calculating assessments in such L.I.D/U.LLD and the amount thereof to be levied. This Agreement shall be recorded by the City Clerk with the King County Auditor as required by the RCW. This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. AP'LICANT: 10128 /2oi0 Applic: t (Signature) Date t/NIV sk(‘t2AL 01 372 S/'J O Applicant (Print Name) Phone 0�3 66M Art Street Address UNDERGROUNDING AGREEMENT WAIVER TO UNDERGROUNDING ORDINANCE OBLIGATION FOR FUTURE UNDERGROUNDING Page 1 of 2 ,Yari, u/ A 9805 City, State, Zip IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this 2 i day of OC—PD b Po 2010. p\ 111 II1111��� 9, E. IIH •F\ xo•. S. S SIOnF B 2 voapTARY PUBI\ ,1, OF 1 11 WASO CITY OF TUKWILA Authorize Signature STATE OF WASHINGTON) )ss. County of King LSrr I certify that I know or have satisfactory evidence that ?Cc(1 J roc I is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as them u .v.C r\�r s�tof Q S* C c ofa. O a corporftion, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Jo IFS J l O Notary Public in and for the State of Washington residing at (---roCoNA_ My appointment expires 4 "er 4 /G- Z 9 -/a is Works Director Date Page 2 of 2