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Home My WebLink About2002 - Undergrounding Agreement - Terry Florence - 20020402001874m Return Address: 0 0 n 0 Parties: Other: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila WA 98188 (206)433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET City of Tukwila. WA 6200 Southcenter Boulevard Tukwila WA 98188 Last Company Name (if business) 91 iu S iS6 "4 St Assessor's Property Tax ParceUAccount Number(s): C I2 <�t 1 r 20020402001874 CITY OF TUKNII. L 14.00 PAGE 001 OF 006 KING Y, WA DocumentTitle(s): 0 1l'1 ecc i' •cr I ev First L Initial Address lkj�%g: City State Zip Legal Description: Le /3J„L i 4t (s //c ca l s Z• CITY OF TUKWILA UNDERGROUNDING AGREEMENT This AGREEMENT, entered into this j day of 2001, by and between the City of Tukwila, hereinafter referred to as "CITY and Florence Terry at 4216 South 150 Street, hereinafter referred to as "OWNER", for the purpose of providing utility connection services and providing for payment to the City for such services, is as follows; Section 1. Premises Owner certifies and warrants that they are leoaily entitled to encumber property ey described in Exhibit A Legal Description, as attached hereto, that Owner is lawfuily seized of the estate described in Exhibit A and have the right to grant and convey said property, that the property is unencumbered, except for encumbrances of record, and that IS r Said property Utility Connecticn Services been performed. site where 1� qt COnne., i.Ci: Sef`i l.,`a have �8..i: •O• Section 2. Residence and Preservation Owner further certifies and warrants that they are the primary resident of the premises where services have been performed in accordance with the City of Tukwila Utility Connection Assistance Program and hereby agree to preserve and maintain said premises so as to not allow it to deteriorate or to comrnit waste of same. Section 3. Costs and Scope of Work Owner agrees that the Scope of Connection Services and costs associated with such services as described in Exhibit B are an accurate representation of such ser`✓:ces and represent a financial obligation to the City of Tukwila for the full amount of the costs indicated therein. Section 4. Repayment of Costs Owner agrees that all financial obligations incurred through this Undergrounding Agreement shall be recorded with King County Assessor's Office as a financial lien against the property described in Exhibit A and that such lien shall be repaid, without any accumulation of interest or charges, at such time as the owner pays partial payments, OR the ownership of the premises described in Exhibit A changes from that of the Owner described herein OR at such time as the Owner described herein is no longer the primary resident of said premises. In and as further consideration, Owner hereby expressly waives any applicable statute of limitations that may apply to the City's claim or right to foreclose this lien. Section 5. Release Owner releases City from any and all claims, losses, harm, costs, liabilities, damages, and expenses directly or indirectly resulting from or in connection with the performance of the Scope of Connection Services described in Exhibit B or any materials and labor required for same. Undergrounding Agreement Page 2 Section 6. Entire Agreement All exhibits hereto are incorporated into this Agreement and are a part thereof. This Agreement sets forth the entire Agreement between the parties and other terms or conditions are implied or otherwise binding. No change, amendment, or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement and signed by both parties. This Agreement is hereby executed and in full force and effect on the date first written herein. CITY OF TUKWILA S Al C"q ON Ex Gi ;cc z Y 9 cr) l i o PLIVSG 2 II tt� OF 4YF Vol 7/0 Q "e4.) 1�/1 rv e O Steven M. Mullet, Mayor STATE OF WASHINGTON ss. County of King On this day personally appeared before me5 j7 -"(JE4.) M. Al GILL F %and to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that `I signed and sealed this said instrument as h S free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this Z 7 day of 2001. at re ,9sJ LC/V/V!S --f Print Name NOTARY PUBLIC in and for the State of Waif ington, residing commission i s expires '5 0 0 Q. 0 eN4 0 0 Undergrounding Agreement Page 3 OWNER .3- 3 -0 Given under my hand and official seal this 3 day cf My commission expires Date Florence Terry STATE OF WASHINGTON a ss. County cf King On this day personally appeared before ,�h2��hi and me known be the individuals described a to know.: to a s d�scr nd who executed the foregoing instrument, and ac�kno -ge� hat signed and sealed this said instrument as 1/4 -1—C1v free and voluntary act and deed for.the uses and purposes therein mentioned. 200:. n� ATECTu Print Name NOTARY PUBLIC in and for the State of Washington, residing at et. -6-dc m 0 0 0 cv 0 0 RELEASE OF CLAIMS In consideration of the assistance provided by the City of Tukwila through this Undergrounding Agreement to effect the undergrounding of utility services to my residence at: 4216 South 150' Street I hereby release the City of Tukwila, its representatives, agents, and employees, from all claims, liabilities, damages, and expenses of any nature or kind whatsoever, which are in any way connected to or arising from the undercrounding of utility services to said residence. Furthermore, it is understood that all contracts between the City of Tukwila and the contractors providing undergroundina services, will include requirements that such contractors restore my property to its original condition, and it is further understood that this release prevents me from seeking any recovery against the City of Tukwila in the event that damages are caused to my property. It is understood that all trenchin have some impacts to tree roots and shrubs and disturbance will be minimized but cannot be eliminated. This Release of Claims has been carefully read by me and its contents are clear. This Release of Claims is signed as a free and voluntary act and not as e result of any undue influence, duress, or bad faith on the par of any party. Signed this day of rc-e_06 2001. Property Ow. ter: STATE OF WASHINGTON ss. County of King I certify that I know or hav2}atisfactor evidence that: Nexn' _vt- -4 is the individual who appeared before me, and 47 acknowledges that 5 signed this instrument as a free and voluntary act for the uses and purposes contained herein. Subscribed and sworn to me this 7 day of 2001. Signature c eNP ?tin: Name NOTARY PUBLIC in and Washington, residing at My commission expires 1/1 c for the State of O.7 0 0 cv 0 0 C".1 0 0 Site Address: Owner of Record: King County Assessor Parcel Number: Exhibit A Exhibit S 4216 South 150' Street Florence Terry 004200010306 Scope of Connection Services For the purpose of the Undergrounding Agreement, the work elements and costs to connect the residence at 4216 South 150 Street are as follows: Underground trenching, meter conversion and restoration: S3,000.00 'Seattle City Light connection charges and fees: S849.60 TOTAL AGREEMENT AMOUNT S3,849.60