HomeMy WebLinkAbout1995 - Water System No Protest Agreement - La Pianta Limited Partnership - 9502270133Filed for Record at Request of
Name THE CITY OF TUKWILA
Address c/o PUBLIC WORKS DIRECTOR, Ross EARNST
6200 SOUTHCENTER PARKWAY
City and State TUKWILA, WASHINGTON 98188
9502270133
NO- PROTEST WATER AGREEMENT
La Pianta Limited Partnership
Page 1 of 3
NO- PROTEST WATER AGREEMENT
S
KI NG COUNTY
RECORDER
RECITALS
FEB 1 3 1995
This NO- PROTEST WATER AGREEMENT "Agreement is made by and between LA PIANTA
LIMITED PARTNERSHIP, a Washington limited partnership "Owner and the CITY OF
TUKWILA "the City
WHEREAS, Owner owns property located at 300 Andover Park West, Tukwila, Washington
(the "Strander Site
WHEREAS, City has granted Owner a permit to construct a retail building at the Strander
Site (the "Strander Project and
WHEREAS, as a condition of the building permit for the Strander Project, Owner is required
to sign a no- protest water agreement prior to final inspection of the Strander Project;
WHEREAS, Owner has previously made monetary contributions toward construction and
improvements of water service facilities to serve the Strander Site;
NOW THEREFORE, in consideration of mutual benefits, Owner and City agree as follows:
1. Owner's Agreement. Owner agrees to participate in the formation of an L.I.D., or, if other
than L I D funding sources are utilized, to pay a proportionate fair share to fund the cost to add a
ten -inch water line in Strander Boulevard to provide upgraded fire -flow water service to the Strander
Site, PROVIDED THAT:
(a) Owner's proportionate fair share shall be calculated based on the benefit to the
Strander Site along the site's Strander Boulevard frontage;
Owner hereby reserves the right to protest the allocation of costs, benefits and
proposed proportionate fair share calculations made by the City in connection
therewith; and
Owner shall receive credit in full for all contributions previously made to the
establishment and improvement of facilities to provide such fire -flow water service to
the Strander Site.
2. Heirs and Assigns. This Agreement shall be binding upon the parties, their respective heirs,
legal representatives, assignees, transferees and successors, and runs with the land.
3. Recording. This Agreement shall be recorded by the City Clerk with the King County
Auditor as required by RCW Chapter 35.91, and the cost of said recording shall be paid by the City.
CITY OF TUKWILA
6200 SCUTFHC,. =a E-
TUKWILA
4. Removal of Encumbrances. So that the Owner can remove encumbrances from the property
caused by this requirement, the Owner can pay the City the Owner's pro -rata share for projected costs
as described in Section 1. These costs will be made available to the Owner upon written request to
the Public Works Director.
"Owner" LA PIANTA LIMI1ED PARTNERSHIP,
a Washington limited partnership
"City"
DATED this 7th day of June, 1994.
NO- PROTEST WATER AGREEMENT
La Pianta Limited Partnership
Page 2 of 3
BY:
CITY OF TUKWILA
By:
By Metro Land Development, Inc.,
a Washington corporation, its
General Partner
M. A. Segale, President
Ross Earnst
Its: Public Works Director
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 1 4 day of W' 19 before me, the undersigned, a Notary
Public in and for the State of Washington,y commissioned and sworn, personally appeared M. A.
Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the
corporation acting as general partner of La Pianta Limited Partnership, a Washington limited
partnership that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of Metro Land Development, Inc. as general partner, and of
La Pianta Limited Partnership, for the uses and purposes therein mentioned; and on oath stated that
he was duly elected, qualified and acting as said officer or the corporation and that he was authorized
to execute the said instrument on behalf of Metro Land Development, Inc. and that the seal affixed, if
any, is the corporate seal of the corporation, and that the corporation was authorized to execute said
instrument on behalf of La Pianta Limited Partnership.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
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COUNTY OF KING
STATE OF WASHINGTON
NO- PROTEST WATER AGREEMENT
La Pianta Limited Partnership
Page 3 of 3
Signature of Not
ss.
c' se L Ov t I
Print or stamp name of Notary
Notary Public in and for the State of Washington,
residing at
My commission expires CLA t 5 Vls
On this day of €�tx� 1991, before me, the undersigned, a
Notary Public in and for the State of Wa duly commoned and sworn, personally appeared
K os 5 DNS to me known toe the Public Works Director of the CITY OF TUKWILA,
the municipal corporation that executed the within and foregoing No- Protest Water Agreement, and
acknowledged said Agreement to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said Agreement.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
written.
Si nature of Notary
.__17
Print or stamp name of Notary
Notary Public in-and for the State of Washington,
residing at l ...'t1.}/f
My commission expires 9- q 7