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HomeMy WebLinkAbout5.52 Original ContractTHAT (6), seven twelve (12), Block Three Addition to Washington; is not U 0-e 1 -f A G R E E M E N T HIS AGREEMENT made and entered into this T 't day of May, 1958, by and between LLOYD L. FLATAU, SR. and ELEANOR E. FLATAU, his wife, hereinafter called the "First Parties" and the CITY OF PORT ANGELES, a municipal corporation of the State of Washington, hereinafter called the "City WITNESSETH: WHEREAS, First Parties are the owners of Lots six 7), eight (8), nine (9), ten (10), eleven (11), thirteen (13), fourteen (1L) and fifteen (15) of (3) of Puget Sound Cooperative Colony's First the Townsite of Port Angeles, All in Clallam County and, WHEREAS, Puget Sound Cooperative Colony's First Addition within the municipal boundaries of the City of Port Ang- 5,52, eles and do not now connect with the sewer system or sewers of the City of Port Angeles; and, WHEREAS, it is found to be beneficial to the properties of first parties and all properties within the said Puget Sound Cooperative Colony's First Addition that sewers be constructed therein and that they receive the benefits of connections with the sewers of the City; and, First Parties desire to construct a sewer sufficient to serve the area within said Addition and spec- ifically the properties adjacent to First Parties; and, WHEREAS, it has been agreed that upon the terms and conditions herein contained First Parties may be permitted to connect such sewer to be constructed on their properties with the sewer system of the City and especially with the Penn Street Sewer System as the same is now constructed and in operation within said City. NOW, THEREFORE, in consideration of the granting of the permission for such sewer connection First Parties do hereby agree to pay to the City of Port Angeles as a reimbursement to said City and as a contribution to the construction of said sewers for the benefits derived therefrom to First Parties the sum of $1,590.304 Said payment to be made at the following times and in the following manner, to -wit: Four Hundred Dollars $400.00) on or before the commencement of the work for the construction of the sewer system in First Parties properties, and the sum of Four Hundred Dollars (1400.00) per month until the full sum of $1,590.30 has been fully paid. It is further agreed that the First Parties will pay the full cost and expense of the construction of the sewer system and obtain all necessary easements, whether sewer lines are constructed on the properties of First Parties or within the boundaries of the City of Port Angeles, and that they will pay the full cost and expense of all the lbor and materials necessary for the connection of said sewer system with the sewer system within the City as the same is there now constructed and in operation First Parties do further agree that before any labor is performed on said sewer that plans and specifications for the same will be submitted to the Engineering Department of the City and that no sewers will be constructed until said plans and specificat- ions are approved by the Engineering Department of the City of Port Angeles and further that the construction will at all times be subject to the inspection and approval of the Engineering Department of the City. It is further specifically understood and agreed by First Parties that this permission is granted by the City with the ex- press understanding that said sewer system shall be subject to all existing ordinances, rules and regulations of the City of Port Angeles relating to sewers and will be subject to all future ordi- nances or rules and regulations promulgated or passed by the City relating to the installation, maintenance and operation of sewers within the City of Port Angeles, and at all times subject to the laws and statutes of the State of Washington covering the construct- ion, maintenance and operation of. sewers* First Parties do further agree that while said sewer may be privately owned that the same will be so constructed and that it will be available to other property owners within the said district and that the right to the use thereof shall be granted to anyone needing or desiring to use the same upon the repayment to First Parties by such applicant of the pro rata cost to First Parties, and that such future connections will all times be sub- ject to the Ordinances of the City of Port Angeles and the rules and regulations and ordinances of the City of Port Angeles and that the same are now specifically authorized under Ordinances Nos. 930 and i)i)tO of the City of Port Angeles. First Parties do further agree that a copy of this agree- ment shall be filed with the Auditor of Clallam County and that the same shall constitute a covenant running with the land and that said agreement shall be binding upon the First Parties and all persons subsequently acquiring any right, title or interest in or to First Parties properties or any portion thereof. IN WITNESS WHEREOF, the First Parties have signed this agreement and the City of Port Angeles has authorized this agreement to be signed by its Manager and Mayor on behalf of said City. /14 ,c_ First Parties CITY OF POR ANGELES By Meer Mayor City of Port Angeles STATE OF WASHINGTON) ss County of Clallam Before me, a Notary Public, this 1 day of May, 1958, personally appeared LLOYD L. FLATAU, SR. and ELEANOR E. FLATAU, to me known to be the individuals named in, and who execu- ted the foregoing instrument, and they acknowledged to me that they executed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written. Notary ublic in and for the State of ington, residing at Port Angeles O Ci111R 1 'X 186 •1 t• /S7a, 3o 4Do. o o /0 9'o 3v 0 /U 3 I y y'. 7. 6 3 saGs‘iis: l A G R E E M E N T THIS AGREEMENT made and entered into this ‘T- day of May, 1 by and between LLOYD L. FLATAU, SR. and ELEANOR E. FLATAU, his wife, hereinafter called the "First Parties" and the CITY OF PORT ANGELES, a municipal corporation of the State of Washington, hereinafter called the "City WITNESSETH: THAT =TEAS, First Parties are the owners of Lots six (6), seven (7), eight (8) nine (9), ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14) and fifteen (15) of Block Three (3) of Puget Sound Cooperative Colony's First Addition to the Townsite of Port Angeles, All in nailer County, Washington; and, WHEREAS, Puget Sound Cooperative Colony's First Addition is not within the municipal boundaries of the City of Port Ang- eles and do not now connect with the sewer system or sowers of the City of Port Angeles; and, WHEREAS, it is found to be beneficial to the properties of first parties and all properties within the said Puget Sound Cooperative Colony's First Addition that sewers be constructed therein and that they receive the benefits of connections with the sewers of the City; and, First Parties desire to construct a sewer sufficient to serve the area within said Addition and spec- ifically the properties adjacent to First Parties; and, WHEREAS, it has been agreed that upon the terms and conditions herein contained First Parties may be permitted to connect such sewer to be constructed on their properties with the sewer system of the City and especially with the Penn Street Sewer System as the same is now constructed and in operation within said City. NOW, THEREFORE, in considerntion of the granting of the permission for such sewer connection First Parties do hereby agree to pay to tho City of Port Angeles as a reimbursement to said City and as a contribution to the construction of said sewers for the benefits derived therefrom to First Parties the sum of e1,590.30. CLALLAM COUNTY TREASURER EXCISE TAX EXEMPT, DATF /O 9 -/96a 5,52 All 630 BY M /7/4%;� /on VOL 4,01 rAl•i Said payment to be made at the following times and in the following manner, to -wit: Four Hundred Dollars (400.00) on or before the commencement of the work for the construction of the sewer system in First Parties properties, and the sum of Four Hundred Dollars (1400.00) per month until the full sum of $1,590.30 has been fully paid. It is further agreed that the First Parties will pay the full cost and expense of the construction of the sewer system and obtain all necessary easements, whether sewer lines are constructed on the properties of First Parties or within the boundaries of the City of Port Angeles, and that they will pay the full cost and expense of all the lbor and materials necessary for the connection of said sewer system with the sewer system within the City as the same is there now constructed and in operation, First Parties do further agree that before any ]a bor is performed on said sewer that plans and specifications for the same will be submitted to the Engineering Department of the City and that no sewers will be constructed until said plans and specificat- ions are approved by the Engineering Department of the City of Port Angeles and further that the construction will at all times be subject to the inspection and approval of the Engineering Department of the City. It is further specifically understood and agreed by First Parties that this permission is granted by the City with the ex- press understanding that said sewer system shall be subject to all existing ordinances, rules and regulations of the City of Port Angeles relating to sewers and will be subject to all future ordi- nances or rules and regulations promulgated or passed by the City relating to the installation, maintenance and operation of sewers within the City of Port Angeles, and at all times subject to the 1a ws and statutes of the State of Washington covering the construct• ion, maintenance and operation of sewers, VOL '29.4 rAtL4O2 First Parties do further agree that while said sewer may be privately owned that the same will be so constructed and that it will be available to other property owners within the said district and that the right to the use thereof shall be granted to anyone needing or desiring to use the same upon the repayment to First Parties by such applicant of the pro rata cost to First Parties, and that such future connections will all times be sub.. Sect to the Ordinances of the City of Port Angeles and the rules and regulations and ordinances of the City of Port Angeles and that,the same are now specifically authorized under Ordinances Nos. 930 and 11.0 of the City of Port Angeles. First Parties do further agree that a copy of this agree.. went shall be filed with the Auditor of Clallam County and that the same shall constitute a covenant running with the land and that said agreement shall be binding upon the First Parties and all persons subsequently acquiring any right, title or interest in or to First Parties properties or any portion thereof. IN WITNESS WHFREOF, the First Parties have signed this agreement and the City of Port Angeles has authorized this agreement to be signed by its Manager and Mayor on behalf of said City. „zz-p,C First Parties CITY OF PORT ANGELES l By v 4 1 C/ 4(44-9 per Mayor City of Port Angeles v o l. 294 rALL4O3 VV aft STATE OF WASHI N(1TON) ss County of Clallam Before me, a Notary Public, this 9 day of May, 1958, personally appeared LL.OYP L. FLATAU, SR, and ELEANOR E. ?LATAU, to me known to be the individuals named in, and who execu- ted the foregoing instrument, and they acknowledged to me that they executed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first in this certificate above written, Notary Public and for the State of Washington, residing at Fart Angeles ^y ki c V O L 94 rALE404 f Attest: H. Li. City Clerk Approved as to form: TYLER C. MO1'FETT AN ORDINANCE providing for reimbursement to Lloyd L. Flatau, Sr. for sewer construction costs. WHEREAS, the City entered an agreement with Lloyd L. Flatau, Sr. on the 9th day of May, 1958, which authorized him to construct a private sewer and connect it to a City sewer with the proviso that the sewer would *be available for other property owners upon payment to Floyd L. Flatau, Sr. of a pro rata cost, based on the constructio„ cost of the sewer, and WHEREAS, it has been determined that $1.96 per lineal foot for property abutting the said sewer is a fair reimbursement to Mr. Flatau; now, therefore, IT IS HEREBY ORDAINED as follows: Section 1. That any person who desires to connect to the sewer on First Street, running from Evelyn Street to the centex of rellevue Avenue on the Eastern boundary of the City Limits, shall pay to the City the sum of $1.96 per lineal foot of property abutting said sewerline, which amount shall be reimbursed to Lloyd L. Flatau, Sr. by the City of Port Angeles. Section 2. That no connection shall be nade to said sewer until the above amount is paid. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on this day of l;' v 1970. City Attorney ORDINANCE NO. 7 4109i4 •�i�c? i�0LF4-�/. Mayor PUI3LISIILD i" 5 %52. Lloyd L. Plata% Sr. Highway 101 East port Angeles Wash. To City of Port Angeles Dr. January 22 1960 Balance due on sewer connection agreement dated May 9, 1958 $990.30 6. 62.