HomeMy WebLinkAbout567r 't
_ ...__ __
RESOLUTION N0. '5 6 7
A RESOLUTION OF THE CITY OF AUBURN, WRSHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO SLGN A LATE COMER SEWER AGREEMENT WITH WAYNE HEISSERMAN.
WHEREAS, GJAYNE HEISSERMAN, has constructed and paid for the installation
of sanitary sewer facilities on East Main Street from "R° Street Northeast to a
point 547 feet east of "R" Street, within the Auburn City Limits, as shown on
Exhibit."A", attached hereto; and,
WHEREAS, said WAYNE HEISSERMAN, has offered and the City of Auburn has
agreed to accept said facility as part of the Municipal Sanitary Sewer System
of the City of Auburn,
NOW, THEREFORE, BE LT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, THAT the Mayor and City Clerk be and they are hereby
authorized and directed to execute, on behalf of the City, an Agreement with
WAYNE HEISSERMAN fora Late Comers Sanitary Sewer Agreement, which, upon recording
thereof with. the-King County Auditor's Office; shall require that fora period
of ten (10) years from the date of said recording, any person, firm or corporation
owning real estate and not contributing to the original cost of such sanitary
sewer facility who subsequently taps onto or uses the same, shall pay for the
sanitary sewer the sum of $5.00 per front foot of their property abutting the
sewer constructed by said WAYNE HEISSERMAN.
__
DATED and SIGNED this:`2nd day of April, 1973.
CITY OF AUBURN
`~ _~~_,
~1 ~" ~ -~
ATTEST:.
,-
~__ c .,
.--, J_ ~ , ~ _ f
~ ___
,~' ~ i ty C r
3-28-73
. .
,~~
AGREEMENT
THIS AGREEMENT, entered into this ~ ~ day of ~~~,'~e-yLlkWFt-19~, by
and between the CITY OF AUBURN, a municipal corporation, hereinafter called
the "CITY" and "WA YNE HEISSERMAN";
Witnesseth: That
f'-
~
C"7 WHEREAS, the CITY has by Resolution No.S~ ~ adopted by the City Council
O
~
of the City of Auburn, Washington on the 2~,~,(
day of ~jv'c ~
19 7~ ,
~
N
approved the execution of a Late-Comers Agreement for sanitary sewer facilities
(„~
~ constructed by Wayne Heisserman in the public str eet right-of-way hereinafter
described:
In the public street right-of-way of East Main Street beginning at "R" Street
S.E. and extending easterly a distance of 458 feet.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. That Wayne Heisserman has constructed at his own expense a sani-
Lary sewer facility on East Main Street from "R" Street S.E. Said facility has
been constructed in accordance with the Ordinances of. the City, governing the
construction and specifications for facilities of such type, and has been approved
by the City Engineer.
SECTION 2. For a period of ten (10) years from the date of recording of this
agreement with the King County Auditors Office, any person, firm or corporation
owning real estate on the South side of East Main Street between "R" Street 5.E.
and a point 458 feet east of "R" Street S.E., and not contributing to the original
cost of such facility, who subsequently taps onto or uses the same, shall pay to
the "CITY" for the sanitary sewer, the sum of Five (5) dollars per front foot of
their property abutting the sewer.
SECTION 3. The provisions of this Contract shall not be effective as to any
owner of real estate not a party hereto unless a copy of this Contract shall have
been recorded in the office of the Auditor of King County, Washington, prior to the
time such owner taps into or connects with such facility.
SECTION 4. The construction of this s:arutary sewer exeeution has been completed
and acceptance by the "CITY" was by the City Engineer, the facility has become a
part of the municipal system of the City of Auburn. Maintenance and operation costs
of said line and facilities shall be borne by the "CITY".
~*.
Page One
f•.
.t~~ + .
SECTION 5. No person, firm or corporation shall be granted a permit or be
r...
C3
C`)
O"
Nr
N
~~
authorized by the City to tap into these facilities, during the period of time
described in Paragraph Two (2) of this contract without first paying to the City,
in addition to any and all costs and charges made and assessed for the use of
this sanitary sewer, the amount, as set forth in Paragraph Two (2) so received
by the City shall be remitted to the Owner or Assignee within 60 days after re-
ceipt thereof.
SECTT_ON 6. Whenever any tap or connection is made into the facility described
in Exhibit "A" under this contract without such payment having been made in accord-
ance with Paragraph Two (2), the City may remove or cause to be removed such un-
authorized taps or connections and all connecting lines or pipes Located in the
facilities right-of-way and dispose of such material removed without any Liability
whatsoever.
SECTION 7. It is further understood and agreed that Wayne Heisserman is an
independent contractor and not an agent or employee of the City.
IN WITNESS WHEREOF, the parties hereto have set their names and seals the day
and year first hereinabove written.
CITY OF AUBURN
,-,~
..,
' M A Y O R
ATTEST:
CITY CLERK
OWNER
~ ~', ~ -r-7 /,
42773 Page Two
101873pb
..~~,,~
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 8th day of November 19 73, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commi-
ssioned and sworn, personally appeared Stanley P. Kersey and Ear1a B~e_ rley
~`-
Q to me known to be the Mayor and City Clerk
C'~
~ respectively of the City of Auburn, a municipal corporation, and the corpora-
N
N ti on that executed the foregoing instrument, and acknowledged that the said
C`7
(~ instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that they are
authorized and directed to execute the; said instrument and that the seal affixed
.. .;.; ,
is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
n
~~ a# r
• ~~ : ,~ ~.
~, .o ~.,ti
NOT Y PUBLIC, in a .~'vr 'the _,, ~ x ~
Ste of Washingtony~y~sid.zng at ~, , ~;
t
,,w•
~.' - ti.
.. ~ ,, y
q C-
On this 8th day of November Z9 73 before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared Wayne Heisserman
to me known to be the individual described in and who executed the within and fore
going instrument, and acknowledged that he signed the same as his free ,t~p~l~tary
act and deed for the uses and purposes therein mentioned. ~ : 4`„ :' ~ ~,_ ,~`~~.,':
WITNESS my hand and official seal hereto affixed t.~e day and :.year, f;~,ts.t "-~~
~ ~~,>, '~
above written. ~ ~:~';
NOT PUBLI in anc3•.~o~' ~h to
of Washington, residing~'~^t ~~'e~-~:~~^-
Page three