HomeMy WebLinkAbout1982 - Agreement - Continental Lime Inc - 8204280546and
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AGREEMENT
CP SPE'.
THIS AGREEMENT is executed this date by and between the
CITY OF TUKWILA, King County, Washington (the "City a
municipal corporation of the State of Washington and CONTINENTAL
LIME, INC., a Utah corporation (the "Owner
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RECITALS:
jD WHEREAS, the Owner is the contract purchaser of property
located in the City described in Exhibit A attached hereto
and incorporated herein by this reference (the "Property
WHEREAS, the Owner has submitted to the City a short plat
application for the Property under File No. 81 -39 -SS (the
"Short Plat which application has been approved by the City
on the condition that the Owner prepares and executes an
agreement providing for the Property's participation in any
future street local improvement districts "LIDs for the
improvement of either or both South 134th Street and 47th
Avenue South which include all or a portion of the Property;
WHEREAS, the Department of Public Works has determined
that the improvement of South 134th Street in the vicinity
of the Property will be required in the event that any parcel
within the Short Plat develops and that the improvement of
47th Avenue South in the vicinity of the Property will be
required in the event that either Parcel 1 or Parcel 2 within
the Short Plat develops; and
WHEREAS, the City's Department of Public Works also has
determined that in order to provide for the public health,
safety and general welfare with respect to the Property and
other property located in the vicinity of the Property, one
or more LIDs may be formed for the purpose of improving either
or both South 134th Street and 47th Avenue South, providing
3. In the event LIDs are formed and Owner already
has constructed at its expense improvements to the portion
of the street encompassed by the LIDs which conform with all
applicable federal, state and local laws, rules and regulations,
the Owner shall not be assessed for such improvements already
constructed by it and which are compatible with the improvements
provided for in such LIDs.
4. This Agreement shall be recorded in the Office
of the Department of Records and Elections, King County,
Washington, and shall constitute a covenant to run with the fee
fia title to the Property and shall be binding upon the Owner, its
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it
heirs, successors and assigns.
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5. By entering into this Agreement, the Owner, its
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heirs, successors and assigns shall not be to have waived
their right to challenge or protest either the method or amount
of assessment to be established for LIDs which may be formed
for the street improvement of either or both South 134th Street
and 47th Avenue South including all or a portion of the Property.
6. In the event that the City institutes and prosecutes
any proceeding at law or equity to enforce all or any provision
of this Agreement, Owner agrees to pay the City's reasonable
attorneys' fees and costs incurred in such an action.
7. The City shall, upon execution of the Agreement
by the City and the Owner, release the Short Plat for recording.
DATED:
1982
ACCEPTED:
Major, City of Tukwila
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Approved as to form:
City Attorney
Approved as to a-d
t
Depapt en' of Public Works
CONTINENTAL LIME, INC.
By:
ACKNOWLEDGMENT OF OFFICER OF CORPORATION
King, Secre c:a v /`.treasurer
I HEREBY CERTII{'Y that, on the day of /4.4...e1---
1982, at the City of V gAl 01z-r/1- in the Province of
British Columbia, H. A. King, personally known to me, appeared
before me and acknowledged to me that he is the Secretary /Treasurer
of CONTINENTAL LIME, INC., and that he is the person who subscribed
his name to the annexed instrument as Secretary /Treasurer of the
said CONTINENTAL LIME, INC. and affixed the seal of the said
CONTINENTAL LIME, INC. to the said instrument, that he was first
duly authorized to subscribe his name as aforesaid, and affix
the said seal to the said instrument.
IN TESTIMONY WHEREOF, I,have hereto set my hand and
seal of office at the City of Vi'rf C_o F'z- in
the Province of British Columbia this ,2 AL day of
1982.
A Notary Public in and for they'_
Province of British Columbia.
A Commissioner for taking Affidavit
for British Columbia
My Commission Expires on:
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F R r A. ALL,
i
PETER E •i
Barrister SoliuLn.
ALLARD CO,t
600 8.15 HORNB" ST.
VANCOUVER 3.0. V62e E
PHONE 689 =3855
Short Plat No:
EXHIBIT A
LEGAL DESCRIPTION
Lots 9, 10, and 11, Block 1, Subdivision of Lots 7, 8, and 9 of
Fostoria Garden Tract, according to the plat recorded in Volume 11
of Plats, page 76, in King County, Washington;
Together with that portion of Tract 6, Fostoria Garden Tract,
according to the plat recorded in Volume 9 of Plats, page 95, in King
County, Washington, lying southerly of S 133rd St. as conveyed to
King County for road by deed recorded under King County Recording
#1006282;
Except those portions thereof described as follows:
All that portion lying southwesterly of a line drawn parallel to and
35 feet northeasterly when measured at right angles and /or radially
from the PC line centerline to Primary State Highway #1, Foster
Interchange to S 118th St;
And except all that portion thereof lying northwesterly of the
following described line:
Beginning at a point opposite Highway Engineer's Station PT FE 1 +31.48
and 35 feet southwesterly when measured at right angles and /or
radially from said PC line centerline; Thence southwesterly parallel
to said centerline to a point opposite Highway Engineer's Station
PC FD0 +60, 99; Thence S 24 39'00" W 33.2 feet, more or less, and
intersecting the line above described.
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