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HomeMy WebLinkAbout579RESOLUTION N0: 5 7 9 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH MR. ANDY VQSK AND NANCY VOSK, HIS WIFE, OWNERS OF-THE SKYLARK TRAILER VILLAGE, CALLING FOR THE PAYMENT TO THE CITY OF AUBURN PURSUANT TO THE SCHEDULE SET FORTH THERETN OF AUBURN SEWER CONNECTION FEES AND CHARGES. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AT A REGULAR MEETING DULY ASSEMBLED HEREWLTH RESOLVES: THAT the Mayor and the City Clerk are herewith authorized and directed to enter into an agreement with Mr. Andy Vosk and Nancy Vosk, his wife, owners of the Skylark Trailer Village located in Auburn, Washington, a copy of which agreement is attached hereto and denominated Exhibit "A", calling for said individuals to make orderly payments to the City of Auburn, Washington, for sewer connection charges and services. DATED and SIGNED this 4th day of June, 1973.. CITY OF AUBURN ,; AYOR ATTES .. ' y C1 6-1-73 .,j ~ .s' A G R E E M E N T THIS AGREEMENT, entered into this 3rd day of Juba 1973, by between the City of Auburn, a municipal corporation of the State of Washington, et ~' hereinafter referred to as "CITY" and Andris Vosk and C` C' Nancy M. Vosk his wife, hereinafter called "OWNER"; C-? f`~- ~; WITNESSETH: that C' i ~~ WHEREAS, in June 1972 a municipal sanitary sewer was constructed in 29th Street S. E. abutting the Owners property legally described as follows; and The NW 1/4 of the SW1/4 of the NE 1/4 LESS the W 166.04 feet and the N 1/2 of the N 1/2 of the SW 1/4 of the NE I/4 LESS the E 274 feet LESS streets, situate in Sec. 30, Twp. 21 N., R. 5 E.W.M., City of Auburn, King County, Washington. WHEREAS, on January I5, 1973 the Director of Finance sent an official notice to the Owner to connect to the existing municipal sanitary sewer in 29th Street S. E. in accordance with Chapter 10.04.090 of the Auburn City Code; and WHEREAS, on April 19, 1973 the owner appeared before the Utility Committee of the City Council to request a delay in the requirement to connect to the municipal sanitary sewer because to do so at this time would cause an undue financial hardship to the Owner as outlined in the letter addressed to Mr. Frank Shaughnessy, Chairman of the City of Auburn Utility Committee dated April 2, 1973; NOW, THEREFORE, because of the apparent ,financial hardship which would be imposed on the Owner by requiring the installation of sanitary sewers at this time, and in view of the policy applied in the past by the City Council in regards to sewer connection the City agrees to grant a delay to the Owners, providing the Owners their respective Heirs, Successors and Assigns do hereby covenant and agree as follows: SECTION 1. The Owner will pay a charge of $3.00 per month for aII build- ing used for human occupancy and all trailer spaces located within 200 feet of the right-of-way of 29th Street S. E., effective this 28th day of Feb. 19 73• SECTION 2. The trailer village located on the aforesaid legally describ- ed property shall be completely sewered a`iiu cvrlnectad to t`lo City-~saaiLary sewer system within five (5) years from the date of the signing of this agreement or until septic tank or drain field failures occur; at which time weis shall be installed from the City sanitary sewer system to those facilities served by the failed septic tank system. Page one ~. F j A SECTION 3. The Owner will be allowed to continue pumping the existing septic tanks on a regular preventive maintenance program. SECTION 4. The Owner will pay any additional charges imposed by METRO if `~' C~! ~t QO (') ~'`- [`°~ and when the City signs an agreement to be served by METRO. SECTION 5. It is further understood and agreed that the provisions of this Agreement shall be binding upon and ~nforcable against, Owners, their Successors, Assigns, and all subsequest Owners, their respective Heirs, Successors or Assigns of the property herein described. SECTION 6. Owners, their Successors, and Assigns further agree to comply with all applicable rules, regulations, ordinances and laws of the City of Auburn relative to development of the above described property. SECTION 7. It is further agreed by Owners, their Successors, and Assigns, and all subseeluent owners, their respective heirs, successors, or assigns that should it be necessary for the City to enforce any of the hereinabove desig- nated provisions and special conditions, as outlined in Sections 1 through 6 the Owners, their successors and assigns hereby covenant and agree to pay the City all reasonable attorney fees and costs, as well as any other costs incurred by the City to inforce the said special conditions of this agreement. SECTION 8. That an executed copy of this Agreement shall be recorded among the land records of the King County Auditor. IN WITNESS WHEREOF, the parties of this Agreement have caused .these:presei~ts as executed the day and year aforesaid. CITY ?A BURN j'~ A Y O R ATTEST : Q~~ CITY CLER OWNERS: ~~~ ~ ~1~, %~-4~, Page two A- ~ ~~' STATE OF WASHINGTON) )SS. County of King ) I, the undersigned, a:notary public in and for the State of Washington, duly commissioned and sworn, hereby certify that on this day personally appeared before me Andris Vosk and Nancy M. Vosk, his wife to me known to be the individuals described in and who executed the foregoing instru- ment, and acknowledged that they signed and sealed the same as their free and vol- untary act and deed for the uses and purposes therein mentioned. ~?' GIVEN under my hand and seal this O T`r ~~ 3rd day of July 1973. Marion Osborn ;'~ NOTARY PUBLIC in and for the Sta ~ ~.r~. ington residing at Auburn. ~~;~, ~. `; -a ~:.,~. '' 4....Y STATE OF WASHINGTON) )ss. County of King ) I, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, hereby certify that on this day personally appeared before me Stanley P. Kersey Mayor, Earla L. Byerley City Clerk to me known to be the individuals described in and who executed the foregoing instru- ment, and acknowledged that they signed and sealed the same as their free and vol- untary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this 3rd day of July 1973. Geor e A. Schuler ~ '":'• ~' NOTARY PUBLIC in and for the r ~~~,~ f" ash ~~"-._ ington residing at Auburn. ;~H ''~'~ ~ vs •....;•J .. Page three Main Office WASHINGTON MUTUALSAVINGS BANK 1101 Second Avenue Post Office Box 834 Seattle, Washington 98111 Telephone: MUtual 2-4100 June 3, 1973 City of Auburn City Treasurer 20 "A" Street N W Auburn, Wa. 98002 RE: Account #543024600 Colonial Village Apartments As of July 1, 1973 the Colonial Village Apartments at 2102 "I" Street N E and 904 22nd Street N E have been sold by Washington Mutual Savings Bank and we would ask that all billings up to that date be sent to us. All billings after July 1, 1973 should be sent to: PACIFIC MANAGEMENT COMPANY Colonial Village Apartments A and B Complexes 1507 Queen Anne Avenue North Seattle, Washington 98109 Attention: Mr. Nakata (AT 4-3770) Thank you for your cooperation in this change. Sincer,~ly yours, w~~ OPrN W CAIN ssistant Vice President JWC:bn ,a:. r, w.r~.~ 4 ~~ .~~ ~ CI-f-Y OF AUBI~RPJ I rdTEROFF IcE MEMORANDUM . T0: Finance Department REFERE~4'~E ~ ' 73-272 DATE; July 5, 1973 FROMe SUBJECT; George Schuler Skylark Trailer Village Attached hereto is an Agreement, Utility Committee authorization and Resolution pertaining to the billing for sanitary sewers in the Skylark Trailer Village located at 900 29th Street S.E. This Agreement provides that the Skylark Trailer Village shall pay sewage charges for those units within 200 feet of 29th Street S.E. The. attached map shows that there are 18 units within the 200 feet.--This Agreement also provides that the billing for these 18 units shall be from the ..initial -date that sewer charges were levied; therefore, previous bills will have to be adjusted. . If you have any further questions please give me a call. Department of Planning. & Co unity 'Deve pm t Geo a A. Schuler Director GAS/pb ~-~~ ~;~ C~ "'~` ~~~,~?'i~ ~ -- ,,~- ~---- C%~ ~ ~ `" ~ ,~ _,. ~ ,. ~ 73 = ._ -,~ n~ s-~.~.~ ~' .f ? 9 o u ~ 3 ~ o ~ 3 • v u 1-~- %~u .. / d v ~3u otyC,e,c cr S o.o~cy ,~ ' 0 1 •~ /.e ~ ~ ~Q . V U c5 . ~/~/1s /Q{ / ~ ~ G~a iyd. o o s V % o.o ~. - /~'~•Q ~ . 1 ,_.. 7 ~~ .a u ~ • .,,R. e A G R E E M E N T THIS A3RE`''~ENT, entered into t.'?is 3rd day of 7u ~ 1973, by Between the City of Auburn, a municipal corporation of the State of GJashington, .~ ~?F'1: e.L i r ~ ~.,? ri~ y ~ T'" ~.:":~ _ ___ _ _, _.. Andr1S_ vQ~Sk _ . 1 a ~~t r~`___ _ :_O ~~ _ " Nance M, Vosk his rife, h_sreinafter called "O~T^IER"; GJITNES5F,TH: that G~JHEREAS, in June 1972 a municipal sanitary sei•~er was constructed in 29th Street S. E. abutting the Owners property legally described as follows; and The NW I/4 of the Sb+J1 /4 of the NE 1/4 LESS the W 166.04 feet ar_d the. N 1/2 of the N 1/2 of the SW I/4 of the NE 1/4 LESS the E 274 feet LESS streets, sutuate in Sec. 30, Twp. 21 N., R. 5 E.W.lQ., City of Auburn, King County, 6~Iashington. WHEREAS, on January 15, 1973 the Director of Finance sent an official notice to the Owner to connect to the existing municipal sanitary sewer in and 29th Street S. E, in accordance with Chapter 10.04.090 of the Auburn City Code; WHEREAS, on April 19, 1973 the owner appeared before the Utility Committee of the City Council to request a delay in the requirement to connect to the municipal sanitary sewer because to do so at this time would cause an undue financial hardship to the Owner as outlined in the letter addressed to l.'r. Frank Shaughnessy, Chairman of the City of Auburn Utility Committee dated April 2, 1973; NOW, THEREFORE, because of the apparent financial hardship which would be imposed on the OTaner by requiring the installation of sanitary sewers at this time, and in view of the policy applied in the past by the City Council in regards to sewer connection the City agrees to grant a delay to the Otaners, providing the Owners their respective Heirs, Successors and Assigns do hereby covenant and agree as fellows: SECTION 1. The Owner will pay a charge of $3.00 per month for all bui_id- ing used for human occupancy and aI1 trailer spaces located within 200 feet of the right-of-way of 29th Street S. E., effective this 2gth day of Feb. 19 73- SECTION 2. The trailer village located on the aforesaid legally describ- ed property shal_ be completely sewered and connected to the City sanitary sewer syste:-~ s~rithin five (5) years from the date of the signing of this agreement or until septic tank ar drain field failures occur; at c:~hich time sewers shall be installed from the City sanitary sewer system to those facilities served by the __ ~ile . .. __ _~ tar.'; ~,,~ `°_... Page one y~ r / SECTIO~~ 3. The Cc~~~er will be allowed to continue pumping the existing septic -tnzs on a regular rtes>en_tive :~a ir?tenance program. SEC:TIOL'; _. Tn<' UN":°1" W_11 pay cif?~ auc;i~~;v>%~~ .'-na%~c:rc'S im:~C~3ed ~?; 1';'TRO If and when the City signs an agreement tc be served by '^.ETRO. SECTIOII 5, It is further understood and agreed that the provisions of t':is Agreement shall be binding upon and enforcable against, Owners, their Successors, Assigns, and a1I subseq_uest Owners, their respective Heirs, Successors or Assicns of the property herein described. SECTION 6. Owners, their Successors, and Assigns further agree to comp_1y with all applicable rules, regulations, ordinances and Laws of the City of Auhurn relative to development of the above described property. SECTION 7. It is further agreed by Owners, their Successors, .and Assigns, and a1I subser~uent owners, their respective heirs, successors, or assigns that should it be necessary for the City to enforce any of the hereinabove desig- nated provisions and special conditions, as outlined in Sections 1 through 6 the Owners, their successors and assigns hereby covenant and agree to pay the City all reasonable attorney fees and costs, as we11 as any other costs incurred by the City to inforce the said special conditions of this agreement. SECTION 8. That an executed copy of this Agreement shall be recorded among the land records of the King County Auditor. IN WITNESS WHEREOF, the parties of this Agreement. have caused these presents as executed the day and year aforesaid. CITY AUBURN ~ /~ BYE ~. /~:C~'~;,%1 t~- l4 A Y O R ATTES CITY CLER OGJNERS i l ;/,. ~- Page two s•` ST.='.'. E O_~ WASHI!jIGTO"+) )ss. County of ?:il:g ) ta.c ..1:..~L.~_ :^ned, a nom? ~ , ,'"' . __ ~. - _ and for the : t,.te o~ ,,,...;::=n rt-,» ry'i _ ,, commissioned and ss~;orn, hsreba certify that on_ this day personally appeared be~ore re Andris Vosk and Nanc~l M Vosk, his wife ,. to me known to be the individuals described in and who e;~ecuted the foregoing irstru- m~~nt, and acknowledged that they signed and sealed the same as their free and -ro1- untary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this 3rd day of July 1973. j!%;~/Lt~3~v 6 Osborn NOTARY PUBLIC in and for the State of GJash- ington residing at Auburn. STATE OF WASHINGTON) )SS. County of King ) I, the undersigned, a notary public in and for the State of Glashington, duly commissioned and sworn, hereby certify that on this day personally appeared before me Stanley P. Kerse~7 Ma~7or, Earla L. Byerley Citz~ Clerk , to me known to be the individuals described in and who executed the foregoing instru- ment, and acknowledged that they signed and sealed the same as their free and vol- untary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this 3rd day of July 1973. George A. Schuler NOTARY PUBLIC in and for the State of Alash- ington residing at Auburn. Page three ' ~) ~s rr. r... ~~r isr~ ~ •, r. rir i•~. t~--t't,n nr~. rr rr~~. --~ ~--- ~ y`T'Ti .'ti L~l~i•.. i-t: J .,\i ~isivi i 4. J ~'~=~y 7L~~ ~ l^ 7, i[IRING OF RF.~ 1`~•1GI1'I' IiY ~~;A`CER DI~'TSIO~ .~ -- ,lI The Water Division is investigating the advisibility of using 3 - 1,000 gallon ,;. ,per minute gas powered centrifugal pumps at the Coal Creel: Pump Station for. ~stanclby- s:~rvice. In order to arrive at an estimated cost for installation of then un.~ts, tl.e Division needs to investigate the condition of the gasoline mines. They I,,~~ve been sitting idle for several years. It is pxoposed that on a :•.cekend that ?~~n.knight do the investigating and make recommendations for or against utili z%ng t`~~:se pumps. In ordox to pay for his services, the money would come from fuizds bu.l;.ted in t}~e overtime portion of the Water Division budget. The Co.nin:ittee gave their approval. 8. REQUEST FOR DELAY FOR UNDERGROUND POtVER - 5630 Oak Street S. E. Chuck The house is the last building site on Oak Street S. E. before entering S. Pierce County. The area is wooded and has no improvements whatsoever. The nearest pole is more than 300 feet away and the ground elevation is not to a permanent grade. The requirement cost of $1,000.00 :Mould seem to be a financial hardship because of the area being undeveloped together with the cast and the lack o£ permanent grades. The Building Department recommends a delay-be granted - until the time that underground wiring becomes economically feasible. The Committee approved the recommendation under the-normal conditions. 9. CHARGE FOR WATER CONSL^~IPTION Tr~ROUGH FIRE LINES Gen•w Pat Nevins asked for a policy statement in regard to charging for excessive W, water and sewer charge for water being utilized through a fire Line. The Committee felt that there should be no extra charge for water or sewer through the fire lines in the future. The only charge would be that in accordance with the ordinance for standby fire protection and was also highly recommended that each of the specific property owners or agencies that utilize fire lines contact the Water Supervisor cahenever water is anticipated to be utilized through the fire line. Such use could be exercising fire hydrants, possibly checking overhead. sprinkling systems or actual notification when a fire has taken place and ~•rater is utilize'for that purpose. With the exception of an actual fire, prior approva - of the Water Supervisor is requested so that charges will not be made for excessive water use through the fire line. 1~°: AGR'_~'"-1Elti'T jVITH SKYLARK TRAILER VILLAGE Jack The-agreement provides for the owner to pay sewer service and to completely instal B. the necessary sewers on his property within 5 years. of the date of the agreement. The Committee approved the agreement and recommended that the City Attorney draw up a resolution to confirm the agreement. 11. EXTENSION OF WATER•AND SEVER LINES TO SERVE 1~1UCKLESHOOT INDIAN RESERVr~TION Joe A letter written by ~~lark Brumbaugh, Project Engineer, for the Public Health Servic K. Dept. of Health, Education and 1Velfare, was reviewed by the Committee, The letter requested that water and serer service be extended approximately 400 feet star-~ing at 17th and "R" St. S. E. The Committee asked the staff to review in greater detail what area the :eater and sewer lines vaould serve and also felt that the comprehensive plan should be followed :with the correct sizing of the :eater and sewer lines. The Committee agreed in principle :•~ith the concept and :would lik to have a few questions answered with a final proposed agreement forthcoming in the Hoar future. ~~e ~ ~ `' ~ .ar¢,~/ ~ ~ ~,",7}~ ~ ~,A./~~ ! ism t~ n ~ ~ ~iby;,",~ ~.. - ~ ~,' , •~ A ' '. ~_ ,ns~µ - a ~ ~'+ ,~~ ,":,'+ C.,l "tG.... ~~}v~vf. ~'9~- .I~.YYIr/'J, i. tZ".~ ~y,G~<,~~.. ~ . t ., Os -a. `4f ~.;L r x _ - e" - 'C3 ~ ~. yaq{~.sypw.y +w y ¢ ..r ~ ~..~ ~ °a. iF __ .Y y ~.. .. _- ^v.-O i l/w id!Q - ~ ® W iev~ Gi' u,'. '. ::. ~ b.,, , .. fs ~ 1 ~ ~, ~~~ < ,. _ "~ a ' t.T _,. ,GZ .~ 4 ~ ..,~. _. .. ~ . ....av.y=..r....~ ~ A ~ €' .. 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