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HomeMy WebLinkAbout2002 - Undergrounding Agreement - Rice Rita - 20020402001872on Return Address: 0 CITY OF TUKWILA Office of the City Clerk 0 6200 Southcenter Blvd. o Tukwila, WA 98188 (206)433 -1800 0 CITY OF TUKUIL L PAGE 001 OF 006 KING CITY OF TUKWILA DOCUMENT RECORDLNG COVER SHEET Document Title(s): (J i 714 l/ inL. tc Parties: City of Tukwila WA ent6 ,A t Y 785C: 6200 Southcenter Boulevard Tul viler OVA 98188 7 Other: A ic& /Z ILA S Last First Initial Company Name (if business) L13 /i 5 /36> Address i4 00 pos Assessor's Property Tax Parcel/Account Number(s): 60 LO (co (0)- S) City State Zip Legal Description: /G 1 5 SM- 3 A),4731 5 yjp lie-,S =,-71'6 UNDERGROUNDING AGREEMENT This AGREEMENT, entered into this 0 77,4_ day of 2001, by and between the City of Tukwila, hereinafter referred to as "CITY ..nd Rita Rice at 4319 South 150 Street, hereinafter referred to as "OWNER for the purpose of providing utility connection vin for the City services, as follows: services and DlOVivli \g payment to the i�� for such Se:. iS a., I i.:dS: Section 1. Premises Owner certifies and warrants that they are legally --entitled to encumber the property described in Exhibit A Legal Description, as attached hereto, that Owner is lawfully seized of the estate described in Exhibit A and have the ricnt to Gran.: and convey said property, that the property is unencumbered, except for encumbrances of record, and that said property is the site where Utility Connection Services have been performed. Section 2. Residence and Preservation CITY OF TUKWILA Owner iUra :e! certifies and warrants that they are the primary resident of the premises cm where services have been performed in accordance with the City of Tukwila Utility o Connection Assistance Program and hereby agree to preserve and maintain said premises C s0 as to not allow it to deteriorate or to commit waste of same. Section 3. Costs and Scope of Work O Owner agrees that the Scope of Connection Services and costs associated with such services as described in Exhibit B are an accurate represcii:GLion of such services and cm 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 chances 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, Oymer 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 chance, 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 9/ STATE OF WASHINGTON ss. County of King On this day personally appeared before me5 €1/64) P7','j Ile Er and to me known to be the individual/ described in and who executed the foregoing instrumjent�, and acknowledged to me mat signed and sealed this said instrument as free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this 2-7 day of 'r Steven M. Mullet, Mayor /5 £.XJ,VLS Print Name NOTARY PUBLIC in and 'PJ ington, residino 2001. for the State of g My commission expires S file' Z Undergrounding Agreement Page 3 OWNER Date STATE OF WASHINGTON ss. County of King On this day personally appeared before ...e R:7)4 a /;c-e' S/]j5. ?tJ to t me known to ^CIV!CUciS ai.. descr; .Ded executed the foregoing instrument, and acknowledged to me that SHf sealed this said Instrument as Hen free and voluntary act and deed for purposes therein mentioned. �V uS Given under my hand and official seal this da y of US C Signature_ R f>tty Prrt Name NOTARY PUBLIC in and for the State of Washington, residing at h< /v G- A Hdtme-s c2 Li to 2001. My commission expires /OA 2/6_3 and in and rho signed and the uses and 0 c c 0 Signed this; cr Yp day of AUGG ,4T Property Owner: STATE OF WASHINGTON ss. County of King Subscribed and sworn to me this a77 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: 4319 South 150 StrCet I hereby release the City of Tukwila, its representatives, agents, and employees, from all claims, liabilities, damaoes, and expenses of any nature or kind whatsoever, which are in any way connected to or arising from the undergrcunding of utility services to said residence. Furthermore, it is understood that all contracts between the City of .Tukwila and the contractors providing undergrounding 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 ail trenching will 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 a result of any undue influence, duress, or bad faith on the part of any party. I certify that I know or have satisfactory evidence that: Pi 7P9 C. Rio- is the individual who appeared before me, and SN a acknowledges that H it- signed this instrument as a free and voluntary act for the uses and purposes contained herein. of f) OGG'Sj ,2007_ Signature gRin i✓ /4 /1C7/11 r s rinr. Name NOTARY PUBLIC in and for the State of Washington, residing at fiN C C60 N7'i My commission expires M /r2 /'3 0 0 N 0 0 0 0 Site Address: 4319 South 150 Street Owner of Record: Rita Rice King County Assessor Parcel Number: 004200026203 Scope of Connection Services Exhibit A Exhibit B For the purpose of the Undergrounding Agreement, the work elements and costs to connect the residence at 4319 South 150 Street are as follows: Underground trenching, meter conversion and restoration: $2,850.00 Seattle City Light connection charges and fees: $0.00 TOTAL AGREEMENT AMOUNT $2,850.00 Seattle City Light connection charges and fees to be paid directly by Mrs. Rice