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HomeMy WebLinkAboutWTR2700328(1)I '* =01 J � .A LATECOMER AGREEMENT TABULATION AECIPIEV! LCA ' PAOJECT: # ',�,j PLAN FILE 0 PROJECT DESCRIPTION: r PROJECT COST (BILL OF SALE) < V MATERIALS S LABOR S $`•- ENGINEERING COST 11F APPL ICABLf) V LESS OVEPS121NG, ETC. ( TOTAL ASSESSMENT COST $ TOTAL ASSESSABLE FOOTAGE (FRONTAL 14A1 TOTAL COST PER FRONT FOOT/SQ. FT, (' 50" h a C� ` 0P o •l �Fri/� ��� r„r ,a1A&f ftIm +Jj �2i-n Y�-IiN YT YZ£ �.... .r ... .r 1- f IIRI'tiii - ' .-- r r 7, c, t AGREEMENT AND CONVEYANCE RE: WATER MAINS AND APPUR":;.VANCES THIS ACREEMENT made and entered into this ',( day of 1969, by and between the CITY OF RENTON, a municipal corporation of the second class under the laws and statutes of the State of Wasnington, hereinafter referred tc as -City,- and GLACIER PARK COMPANY, a Minnesota corporation, noreln- after referred to as the "Owner," W I T N E 5 S E T fl ; WHERE.NS, Owner is desirous of installing certain water lines and appu_tenances thereto at, near or within the hereinbelow de- scribed property and to connect same to the City's Water System so that such improvements will constit•;te an integral part thereof; and WHEREAS, no otaer property owners or users are presently available to share in the cost and expense of coustructiou of such improvements and the parties nereto having in mind the provisions and terms of Chapter 261 of the 1959 Session Laws, generally referred to as a "Municipal Water a,:d Sewer Facilities Act (RCW 35.91.010 at seq)"; and WHEREAS, Owner is willing to pay all the Coate and expenses for the installation Of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FCLUAR S: 1. Owner hereby acknowledges and covenants that it is the owner of the following described property, to-wit: NE 1/4 of the NE 1/4 of Section 36, Township 23 North, Range 4 East. and tt;e N'W 1/4 of NW 1/4 of Section 31, Township 23 North, Range 5 East (See Exhibit A for sketch of area) and Owner nereby agrems and covenants to Cause to have installed the following described Improvements, to-wit; 1130 L.F. of Class 1. 1 • o 24" 0.I. Water Pipe, and 2352 L.F. of 120 Class II, Water Pipe with Fire Hydrants and all necessary appurtenances, in So. 160tn Street from East Valley dighway to 00th Avenue S.E.1 Such installation to 7e made in full compliance witn all applicable codes and regulations of the City of Renton. Owner further covenants and warrants that all expenses and claims in connection with the cJns Lruction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at twner expense, and Owner covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. Owner further certifies that =ha total estimated cost of said construction as hareinabeve specified will be in the sum of $69,000.00. Based on said total amount of cost. the cost per front lineal foot of said improvement shall be employed to determine the pro rate reimbursement to Owner by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hook unto or use said facilities, which tap or hookup shall include connections to laterals or branches connecting thereto, all sub3ect to the laws and ordinances of the City of Renton and the provisions of this Agreement. It is hereby further agreed that in the event the total actual cost of the Aforedescribed improvement shall be differ- ont from that set forth hereinabove, then this Agreement will be duly amended to set forth the total actual cost thereof. 3. It in hereby found and determined tnat the construction and installation of said aforedescrlbed improvement is in the public interest and in furtherance of public health and sanitation. 4. Owner hereby agrees and covenants to convey, transfer and assign unto City all right, interest and title in and to said improve- ments and all appurtenances and accessories thereto, free from any claim and encumbrance of any party waumsoeverl City agrees to accept 2 and maintain said improvement as part of its prese.)t %�atar Main System upon approval thereof by the City engineer or Superintendent of -,til- sties and after inspection Of said construction. Owner further agrees and covenants to execute and to deliver unto the "ty any and a1L documents including Quitclaim Deeds and Bills of sale that may reasonably bo necessary to fully vast title in the City and to effec- tuate this conveyance and transfer. Owner further agrees and covenants to pay unto the City such service or other charges as may be imposed by the Ordinance of the City of Renton from time to time applicable to like users of the same class. S. City re_erees the right, without affecting the validity or terms cf this Agreement, to make or cause to be made extensions to or adds ""a of the above improvement and tm allow service connections to be made to said extensions or additions, without liability on the part of the City. 6. No person, firm or corporation shall be granted a per.alt or be authorised to tap -.nto, hookup unto or use any such facilities or attansions thereof during the period of five (5) years from date hereof, without first paying unto th.. City, in addition to any and all other costs, fees and charges made or assessed for each tap, hookup or use, or for the water main facilities constructed in con- nection therewith, the amount required by the provisions of this contract. All amounts so received by the City shall be paid out by it unto owner under the terms of this Agreement within sixty (uo) days after receipt thereof. Purthermore, in case any tap, hookup or connection is made into any such contracted facility, without such payment having been first made, the legisl 'iive brdy of the City may cause to have removed such unauthorised tap, hookv,a Jr cdnnectiGn, and all connecting (title or pipe) or related accessories located in the facility of right of way, and dispose of such unauthorised material so removed, without any liability on the part of the City whatever, It is further agreed and covananted that upon expiration of the tk4,; of this Agreement, to-wit, five (5) years from date hereof, city shall be under no further obligation to collect or make any further sums unto Owner. The decision of ':he City Engineer or his authorized repre- sentative in determining or computing the amount due from any benefited Owner who wishes to hookup to such improvement, shall be final and conclusive in all respects. 6. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made extension& to or additions of the above said water mains and to allow service connections to be made to said extensions or additions, without liability oh the part of sty 7. It is further agre,d and understood that the aforedoscribsd improvements to be undertaken and paid for by Uwner have boon or ar• about to be connected with the water mean sy.tew of tAe city, and upon such connection and acceptance by the City through its legisia- tive body, said extension and/or improvement onall be and become a part of the municipal water system. 6. This Agreement shall be placed for record with the King County Auditor-s office immediately upon execution thereof and all costs of recording shall be the responsibility of Owner. k.DATED this _ day of _ )j. k'i C t� , 1969. CITY QP RSNTPK�rygr+ y , a Mupricipal R 4Ui 9 f�i mayor City Clark OWNER GLACIRR PARK CaWAMY By ice Pres31 out 4 ' STATE OF WASHINGTON 1 as. County of K i n 9 ) On this day personally appeared before me and qcLk,,L to me known to be the Mayor and City Clerk, respectively, of trio City of Fenton, the municipal corpo- ration taut executed the within and foregoing instrument, and acknow- leuged said Instrument to be the free and voluntary act and dead of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were autnorized to execute said instrument and that the seal affixed is tho corpciate seal of said corporation. GIVEN under my hand and official ssal this ' I" day of 19b9. Notary Pub lic,in andfor the state of Wa.:hington, residing at STATE OF WASHINGTON ) so. County of K i n 9 ) on this day personally appeared before me CLARK A. ECKART, to me known to be the Vice President of Glacier Park Company, the cirpo- ration tnot executed the within and foregoinq instrument, and acknow- lodged said instrument to be too free and voluntary act and dead of said corpuraticn, for the uses and purposes therein mentioned, and on oath stated that he was authorised to execute said instrument on be- half of said corporation. GIVEN under my hand and official seal this �{ day of 1909. 7 llt ..! • Notar� V C' in and for ChaStace or Washington, residing at u����r• __ 5 0 CRtL L•A TEr'CNANGE ! t i-- �•"QI II.���[giplps � hO�C WIiIf tIM jF+s N _ / F L IitI y�6 0,&, .5 ._ 1l ca+eaf,a�_ 0/OooJto WOf4 //N! � , O 1 � I --- -= w. TWP. 23N.,RGE.� E.W.M. I , 4 -7 �1 g0 1/ , M �M11IY'�i0s y� o` .�. � fiN II hod/ tlts/er s 1 o- O �� • s Z a J I 8 O _ I 2 ______fJ3�f71�--V i• ti"F _—._ P st' a w co,rw/—r` I _ u. .-- S •tte ni � ! RIT "A" —�I GLACIER PARK CO. Pe0P05E0 WA7f,Q [/, ,- RENTON,WASH. Sco!e 10 = 400' Jjr, 9 1968 I Office of Asst Crl:ef Eegr. Selme ,Whostl �D M J AGREEMENT AND CONVEYANCE RE: WATER MAINS AN.) APPURTENANCES THIS AGREEMENT made and entered into this day of 19b9, by and ijetween the CITY OF RENTON. a municipal corporation of the second class under the laws and statutes of the State of Wasnington, hereinafuer referred to as "City," and GLACIER PARK COMPANY, a Minnesota corporation, herein after referred to as the "owner," W I T N E S S E T It WHEREAS, Uwner is desirous of installing certain water lines and appurtenances thereto at, near or within the nereinbelow de- scribed property and to connect same to the City's Water System so that such improvements will constitute An integral part thereof; and :itiEREAS, nu other property owners or users are presently avai:able to snare In the cost and expense of construction of such improvements and the parties hereto naving in mind the provisions and terms of Chapter 261 of the 1959 Session Laws, generally referred to as a "Municipal Water and Sewer FaCIL.tlea Act (RCW 35.91.010 et seq)" ; and WHEREAS, Uwner is willing to pay all the costs and expenses for the InstaliNtion of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AMRESAID PARTIES AS FELLOWS; 1. Uwner hereby acknowledges and covenants that it is the ,,wner of the following described property, to-wit; NE 1/4 of the NE 1/4 of S-4"ion 3u, Township 23 , North, Range 4 East, and the NW 1/4 of NW 1/4 of Section 31, Township 23 North, Range 5 East (See Exhibit A for sketch of trea) and Owner hereby agrees and covenants to cause to nave installed the following described improvements. to-wit; 1130 L.F. of Class 1, 1 24" D.I. water Pipe, and 2352 L.F. of 12, Class II, water Pipe with Fire :fydiinta and all necessary kppurtenanees, in S.E. 160th Street from ast Valley Highway to 80th Avenue S.E.1 such installation to be made in full compliance with all ap?licable codes and regulations Of one City of Renton. Owner further covenants and warrants that all expenses and claims in connection with the construction ano installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at Owner expense, and Owner covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. Owner further certifies that the total estimated cast of sa-d construction as hereinabove specified will be in the sum of 569,000.00. fused on said total am-,unt of cost, the cost per square foot/or the cost per front lineal foot (strike out the inapplicable part) of said improvement shall be employed to determine the pro rate reimbursement to Owner by any Owner of real estate, who did not contribute to the original cost of such improvement, and who subse- quently wishes to tap into or hook unto or use said facilities. which tap or hookup shall include connr. :ttons to laterals or branches connecting thereto, all subjuCt to the laws and ordinances of the City of Renton and the provisions of this Agreement. It is hereby further agreed that in the event the total actual cost of the afore- described improvement shall be different from that set forth herein- above, than this Agreement will be duly &Wended to set forth the total actual cost thereof. 3. It is hereby found and determined that the construction and installation of said aforadescribed improvement is in the public interest and in furtherance of public health and sanitation. Y. Owner hereby agrees and covenants to convey, transfer and assign unto City all right, interest and title in and t.. said lapiove- ments an- all appurtenances and accessories thereto, free from any claim and oncuabrance of any pasty wncrosoever; City agrees to accept and maintain said improvement as part cf its present Rater main system upon approval thereof by the City Engineer cr superintendent of Ut11- hies and after inspection of said construction. Owner further .-rees and covenants to execute and to deliver unto the City any and all documents including Quitclaim Deeds and Bills of sale that may reasonatily be neceasary to fully vast title in the City and to effec- tuate this conveyance and transfer. Owner further agree, and covenants to pay unto the City such service or other charges as may be imposed by the Ordinance f the City of Renton from time to time applicable to lice users of the same Class. 5. City reserves the right, without affecting the validity or terms of this Agreement, to make or Cause to be wade extensions to or additions of the above improvement and to allow service connections to be made to ■aid extensions or additions, without liability on the Part of the City. 6. No Pe-son, firm or corporation shall be granted a permit or be authorised to tap into, hookup unto or use any such facilities or extensions hereof during the period of five (5) years from date hereof, without first paying unto the City, in addition to any and all other coats, fees and charges made or assessed for each tap, hookup or use, or for the water main facilities constructed in con- nection therewith, the amount required by the provisions cf this Contract. Al' amounts so received by the City shall be paid out by it unto Owner under the terms of this Agri=ume::t within sixty (60) lays after receipt thereof. Furtherrore, in case any tap, hookup .r connection is made into any such contracted facility, without uch payment having been first made, the legialative body of the City may Cause to have removed such unauthorized tap, hookup or connection, and all connecting (title or pipe) or related accessories located in the facility of right of way, and dispose of each unauthorized material so removed, without any liability on tee part cf the City whatever. it is further agreed and covenanted that upoh expiration of the term A • of this Agreement, to-wit, five (5) years from date hereof, City anall b. under no further obligation to collect or make any further sums unto Owner. The decision of the City Engineer or his authorized repre- sentative in determining or computing the amount due from any benefited owner who wishes to hookup to eucr. improvement, snall be final and conclusive in all respects. 6. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made extensions to or additions of the above said water mains and to allow service connections to be made to said extensions or additions, without liability on the part of City. 7. it is further agreed and understood that the aforedescrIbed improvements to be undertaken and paid for by Owner have been or are about to be connected with the water main system of the City, and upon such connection and acceptance by the City through its legisla- tive body, said extension and/or improvement shall be and become a part of the municipal water system. 8. This Agreement shall be placed for record with the King County :.uditor's Office immediately upon execution thereof and all costs of recording shall be the responsibility of Owner. DATED this day of , 1969. CITY OF RENTON, a Municipal Corporation By Mayor By City C erk OWNER GLACIER PARK COMPANY By Vice President 4 STATE OF WASHINGTON ) aa. County of K i n g ) On this day personally appeared before me and , to me known t[ be the Mayor and City Clerk, respecti0ely, of the City of Renton, the municipa' corpo- ration that executed the within and foregoing instrument, and Acknow- ledged said 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 were authorized to e�cecute srid instrument and that the seal affixed is the corporate teal of said corporation. GIVEN under my hand and official seal this day of 19b9. Notary Public in and for the State of Washington, residing at STATE OF WASHINGTON ) as. County of V i n g ) On this day personally appeared before me CLARK A. ECKART, to me known to be the Vice President of Glacier Park Company, the corpo- ration that executed the within and foregoing instrument, and acknow- ledged said 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 ne was authorized to execute said instrument on be- half of said corporation. GIVEN under my nand and official seal this day of 1909. actary PLDlxc in and for the State of Washington, residing at GLACILP PARK CC?. i .ATE- COMER AG! EEM FN7 EXHIBIT W rz IL cn �I w O m f � CITY Oi RENTON UTILITIES DEPARTMENT oa y�r"d7'o'nTc a1uc / •PpR4 MiE cc � c 41 7. P.'y33 SLPPLEME\TAL AGRFEM.SNT SI WHEREAS, on the 4th / day of March -1 9TU 7 the CITY OF RENTON, a municipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to as the "City. ' and GLACIER PARK COMPANY, a Minnesota corporation, nereinafter referred to as the "Owner," entered into an agreement providing for the inntallAtLo� of certain water main* and appurtenances in S.E. 16uth Street from the East Valley Highway to 80th Avenue S.E. ; and WHEREAS, it was provided in Section 2 thereof that the cost of construction was estimated to the sum of $69,000.00. but that in the event the total actual cost should be different than the estimated amount, the agreement should be amended to set forth the total actual cost; t WHEREAS, it has now teen determined that the total actual cost of installing the water mains and appurtenances described in said agreement is the sum of $75. 35:.43: NOW, THEREFORE, IT IS HEREBY AGREED by and between the Parties hereto, that naid agreement should ne modified to the following extent: 1. Tnat Section 2 of the agreement between ti 71ty and the Owner, dated the 4th day of March , 19e„ providing for the construction and installation of certain water pipes with fire hydrants and all necessary appurtenances in S.E. 160th Street from the East Valley Highway to Suth Avenue S.E. shall be amended so as to reflect the actual cost of said construction in the amount of $75, 357.43 instead of the sum of $69.000.00 therein estimated. 2. Except as herein modified above, said agreement shall remain in full force and effect and not otherwise be changed. 1 DATED this 'Y' day of CITY OF RENTON. a Municipal Corporation i ,..J mayor OWNER OLACIn PURR COMPANY RY �� l..i' �•EC,m.-� V ce PrNi ent STATE OF WASHINGTON ) J as. County of K 1 n g ) On thin day Personally appeared before me l n. e d :. ,tf' • �' rt and ��'tla...�%+ �.a. 22,: •f to me known to be the Mayor and City Clerk, respectively, of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and Acknowledged said 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 were au' horiaed to execute said instrument and that the seal affixed is the corporate seal of said ccrporation. GIVEN under my hand and official seal this w -s j/ day of . „_./ ..,'r <.. Rotary Public in and for the Sy" of was hi ng ton, residi nq at '�L�.., Z STATE OF WASHINGTON 1 1 as. County of x i n g ) On this day personally appeared before me CLARK A. ECKART, to me known to be the Vice President of Glacier .ark Company, the corporation that executed the within and foregoing instrument, and acknowledged said 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 he was authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this ___ day of 1969. Notary Public in and for the State of Washington, residing at Seattle. 3 3- 76 SUPPLEMENTAL AGREEMENT WHEREAS, on the 4th day of March i9so, the CITY O1 RENTON, a municipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to is thr "City," and GLACIER PARX CO.9PANY, a Minnesota corporation, herein- _ter referred to as the "Owner," entered into an agreement providing for the installation of certain water mains and appurtenances in S.E. 180th Street from the East Valley Eiighway to 80th Avenue S.E.; and WHEREAS, it was provided in Section 2 thereof that the cost of construction was estimated to be the sum of $69,000.00, but that in the event the total actual cost should be different than the ertir,eted amount, the agreement should be amended to set forth the total actual cost; and WHEREAS, it has now been determined that the total actual cost of installing the water mains and appurtenances described in said agreement is the sum of $75, 357.43; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto, that said agreement should be modified to the following extent: 1. That Section 2 of the agreement between the City and the Owner, doted the 6th day of March _, 1969, providing for the construction and installation of certain water pipes with fire hydrants and all necessary appurtenances in S.E. 180th Street from the East Valley Highway to BOth Avenue S.E. shall be amended so ail to reflect the a,� ,at c_st of ea. construction in the amount of $75,357.43 instead of the our . i $b9,0U0.00 therein estimated. 2. Except at herein modified above, said agreement shall remain in full force and effect and not otherwise be changed. 1 OATiO this day of CITY OF RENTON, a Municipal _Sorporation; mayor By City Cler OWNER GLACIER PARR COMPANY V' eu President STATE OF WASHINGTUN ) se. County of K i n g ) Un this day personally appeared before me .(. and 'Li to me known to be th Mayor and City clerk, respectively, of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Bald corporation, for the uses and purposes therein mentioned. and on Oath stated that they ware authorized to execute said instrument and that the seal affixed is the Corporate seal of said corporation. GIVEN under my hand and official seal this day of 7*r/at�� ; N, ary public in an for the $ ate of Washington, ras iding STATE OF WASHINGTON ) ss. County of Kin g ) On this day parsonall} appeared before me CLARK A. ECKART, to me known to be the Vice President of Glacier Park Company, the corporation that executed the within and foregoing instrument, and acknowledged said 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 he was authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of .,1.✓^.., 1969. Notary Public in and for the State Of Washington, residing at Seattle. 3 NORT NORTHERN February 17, 1969 orillia, Mash. - 1823 Mr. Gerard M. Shellan l- Cit. Attorney p, O. Box h26 Benton, Washington Q8055 Bear sir: Further concerning the proposed IAte-Couara ted by P"x ;mpe,tyr in S.S.lim betna lH t1h Street ftro,sc the ga t!~ ter lley Ill�',wal to nOth Avenue S.B. We have rodrattod the Late-Comers Agreement to provide fur execution on behalf of the Clacicr Park Company alone. By separate Agrestaant we have made arrangements with Sternco covering its interest in the vet of this water line and for any further extension or connection to this line, they will he settling with the Glacier Park Company as our intc,est may Privately appear. With this nnAartanding will you please rsvtew the IAt.u-Comers Agreewant, and if ym find it ,atisfacto' to the City, let us know and we will arrange ti hove it executed upon behalf of the Clsciar Park Corry nY• I yours wry, truly, Western Land 6 Tax Gonmiasimer Enc. i!+ 1 October 23 u T0: Bart Melienry, Assistant City Engineer FROM, Ron Olsen SUBJECT: Request for Late Corers Agraaemnt for the Cleat Northern ?ailray Company It is ary recommendation that this Late-Carers Agreement be grants". P,O,al Ron Olsen i GREAT � r NO•'t7ttERN � . Septt-m.ber Orillia, Hasa. - 1823 Jack w1lem City r 4incer Ramon, l:ushi,tF,ttct 96201 pear Sir: rlaast rcfot tc our spplia.rtion fur the toa- stMrtlou of at u"wx line in South Vial: Strut frxs a paint east of 92nd westerly to 80th. It is roquustzd tlw City also approve and issue a late Conows ALec=tnt prvvidLk� for later rnrtiai- patio4t In tts: tayt of this W.'Wr lino by throe poisons or rnrporattoons sat c+n•ewatly in.tt:tvrst.+d iit psrt'ic iystirtt In tln arii;.nal. tonxtraction cost, 1 Yoara X: : . truly. ,NGstcrn Laud 6 rlpaYteia4itr;:rt' t� t. Pvd 46 Ith AORIDRWT AJID OONVLY ARC: RZ, WATZR KAIhi AGD AiYURTMU CCIS ral THU AGRZZMANT, made and entered into "a .l '"- day of 19b9, by and between the CITY OF RZWTOy. a municipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to as •City," and GZACIRR FARK OLM➢AMY, a Minnesota Corporation, heroin- of+_....- refarra, to as the "Owner," W I 1 h I S 5 I T A, s WHZRIAS, Owner is desirous of installing certain water lines and appurtenances thereto at. near or within the herainbelw de- scribed property and to w)nnact some to the City s Water System at that such improvements will constitute an integral part thereof= and wHWt . no other property owners or users are presently available to share in the cost and expense of construction of such IM)roves;•hts and the parties hereto naving in mind the provisions end terns of Chapter 261 of the 1959 Sessloc•_ Laws, gf.narolly referred tc an a -Municipal Water and Sower Facilities Act (RCW 35.9i.0i0 at soq)"t and wKIR&U. owner is willing to pay all the costs and axpensea for the Installation of said improvOMntsw NOW, THZRWORZ. IT I$ dBRt3Y AMRZZD AL", COMANTID HY AVU BVrW ZPt THI AtOMMAID FARTIZS AS KLWW$, 1. Owner hereby ackoumledgas and covenants that it is the Lunar of the follwiug described property, to-wlt, MR 1/4 of the 92 1/4 of Section 36. Twrahip 23 Worth, Range 4 East. and the UK 1/4 of WW 1/4 of Section 11, Township 23 North. Rang& b last (See Sxhibit A for sketch of area) and Owner hereby agrees and covenants to Cause to have installed the fullowing described improvements. to-sit, 1130 L.F. of Class 1. 1 24- D.I. Water Pipe, and 2352 L.P. of 12' Clams II, Water Pipe wit]% Piro iiyd,.ants and all necessary appurtenances, in so. 190th Street from Rost valley highway to 80th Avenue S.R.i such inatallation to be made in .ull oomplianco with all applicable codes and regulatione cf the City of Renton. owner further covenants and warrants that all expenses and claims in connection witu the coastruction and installation of the aforesaid Improvements, whether for labor or materials or both, have been or will be paid in full, all at Owner "pease, and owner covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. i. owner furthex certifies that the total estimated cost of •aid constriction es hersinabuve specified will be in the sum of $69,000.00. Snead on said total amount of cost, the cost par front lineal foot of &aid improvemenc shall be employed to detstaine the pro rate, reimbursement to Owner by any owner of real estate. who did not contribute to the original cost of such improvement, and who subsequently wishes %,. tap into or hook unto or use said facilities, which tap or hookup anal& iaclude connections to laterals or branches connecting thereto, all subject to the laws and ordinances of the city of Renton and the provisions of this Agreement. It is hereby further agreed that in the event the total actual oust of the rforadascribed improvement ai.all be differ- eat from that set forth herelnabQvQ, than this Agreement will be duly amended to set forth the total actual cost thereof. 3. It is hereby found and determined that the construction and installation of said aforadescribed improvement is In the public interest anti in furtherance of public health and sanitation. 4. Owner hereby agrees and covenants tc Convey, traosfor and essign unto city all right, interest and title in and to said !.mprove' seats and all appurtenances and accessories thereto, free from any claim anu encumbrance, of any party whomsooveri City ogre" to accept and mW.atain said improvement as part of its present water Nsia System upon approval thereof by the City anginser or superintendent of Util- ities and after inspection of said construction. Owner further agrees and covenants to execute and W deliver unto tine City any and all documents including quitclaim Deeds and Bills of sale that may reasonably be nee.ueazy to fully vest title in the City and to offer tuate this conveyance and transfer. Owner further agrees and covenants to pay unto u,e Cite such merv"a or other ci:arga& as may be im osod by the Ordinance of the City of Root*'% from time to time applicable to like ;..:ors of the mama class. S. City reserves the right, without affoctihj the validity or terms of this Agreement. W make or cause to .% made extensions to or additions of the above improvement and to allow service connections to be made to Sal,! extensiond c•r additions, without liability on the part of the City. 6. No person, firm of corporation shall be granted a permit or be authorised to tap into, hoW up unto or use any ouch facilities tr extension thereof during the period of five (5) years from date t,ereof, without first paying unw the City, in addition W any ar.4 all ot"or costs, foes and charge& made or assessed fur a&" tap, hookup or use, or for the water main facilities constructed in con- nection therewith, the amount required by the provisions of this Contract. All amounts so received by the City anall be paid out by it unto Owner under the terms of this Agreement within sixty (60) day& after receipt thereof. furthermore, in case any tap, hookup or connection is made into any sac!. contractod facility, without such pa_ rent having boon first cads. the legislative body of the City may cause to have removed such uaauthoriaed tap, iv.okup or connection, and all connecting (title or pipe) or related accessorise located in the facility of right of way, mad dispose of such unauthorised material so rasoved, without Bay liability on the part of the City whatever. It s further agreed and coveoaated than. upon expiration of the term 3 of this Agreement, to-wit, five (5) years from date hereof, r ty shall be unda- no further obligation to collect cr make a:,y further suss unto Cwnar. The decision cf the City Engineer or his authorited repre- sentative in deterakaing or coeEuting the amount due rron any benefitel owner who wishes to hookup to such improvement, shall be fi"al and Conclusive in all respects. 6. The City reserves tYe right, without affecting the validiti or terms of this Agreement, to make or cause to be made extensions t, ur additions of the above said water aaina and to allow serv3.00 connections to be made to said extensions or additions, without liability on the part of City. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by Owner have been or are about tc be connected with the water main system of the City, and upon such connection and acceptance by the City Larough its legisla- Live body, $aid extension and/or i.aprovement shall be and become a part of the municipal water system. 6. This Agasmaert shall be placed for record with the (Ling County Audi Wr'$ Office lasedlately upon execution thereof and all costs of recording shall be the responsibility of Cwnet. DATED this day of h',- 2 e. h.- , 1969. CITY CO 'AWMM, A Municipal rporstion :" Mayor City Clark OWIR M ACIER PARA CMDAxY 21 4rrei e s , ITATI OF WAiHIMeMb ) so. County of A i n q ) On this day personally appv,.red before an _ and `At m\E `J tt:,:.,. to ae Known to be the IIA"r and City Clark, respectively, of the City of Renton, the municipal corpo- ratlon that executed the within and forsgoing lnstrumant, and acknow- ledged said instrument to be t%e free and voluntary act and deed cf said corporation, for the wee and purposes therein mentioned, and on catn stated that they were authorised to executa said instrument and that tho saal affixed is the corporate seal of said corporation. GIVU minder my hand and ufilcial seal ",is I dam ct Notary P� d n ae for the Stata Of Washington. residing at 6TATI OF WAYiUVOTON ) so. County of x i n q ) On this day personally appeared before as CLARK A. ICRART, co as Known to be the vice Prasident of Glacier Park Con.?any, the corpo- ratlon that executed the wlthvi and forequing instrument, and acknow- ledged sold instrument to be the free and voluntary act and deed of said corporation, for t as and purposes therein mentioned, and on oath stated that he was authorised to execute said inatrueent on be- half of said corporation. OIVZN under my hand and otficlal seal this ` day of 1969. -r_Notary Vublit in�an6 he for t !Late o-Tf _ Washington. residing at 5 • I ' - C'RIL i A :TEkCHANCE --,It Ing Water _me V-. r Nam. degmmg o{ Propd Wafer Line �� Sr V4 1YF a • o I I- ; ~K"� J u CgFKIiM r pr000sl0 V✓471"oe I TWP. 23N..RGE.5 E.W.M. N I i I 00,E K' Conned,on a/T Ind ei propel waive tme •I t O . a s i� _ v i z Q I I = I 'J 2 4J �SS 11et' N ad P 'l )M.H� +M1. I �aea Waf 1 4 - - fod laaeml.* •o Sferne(J ' M S';da I e; Ji u � `` 9t011f 1 } f •a. N 18 1 1 'A" GLACIER PARK CO. ,0~05E0 Wi2TE,Q L/N! RENTON,WASH. Scale I " r 400 ✓an 9, /968 Office of Asst Chief Ergr. Se Ott ie ,wosh t0 � M a o�Of4�.v (� 2 OFWICROFTIIIC CITY 1TT9RNICY 9 RXNT9N,N'ANIHIN9T9N 11 POST OFFICE BOX 626. 100]ND NV LNUE BUILDING,At TON, YNBNING TON 90106B ALPINE 5"76 _ 2 �4 ILA BBYM R 611�CITY ATTORNEY J 1 cuAN`d SBBI11 RM ,A. ♦WSTAIT CITY 6TT011NEY February 20, 1969 Mr. Jack Wilsun Engineer City of Renton City Hall Renton, Washington Dear Jack: We have received today and are enclosing herewith copy of a '.etter from Mr. R. M. Boyd of Great Northern Railway Company, together with a proposed "Latecomer Agreement" for water ,ains which we assume is in conjunction with L.I.D. 2F„ The Agreement is approved as to legal form but we .,auld appreciate it if you would vet-ify the legal description, route and costs specified. We also assume that the City has approved the five year term and if so, Mr. Boyd should be notified that the original of said document should be executed by the Glacier Fark Company and then resubmitted to the City ter execution. Thereatter said 4reement should be filed for record with tho King County Auditor's office and the recording fee to be paid by the Railwav Company. If you have any questions in j is matter, please advise. We remain Yours very truly, Gerard M. Shellan City Attorney GMS:nd Encl. 9SF' Rt.S Ew. e'prr.•xr.r _,. .RievM�psv ^,("�' NS,F.• � � N` i �� �.ir j. lddr a000rable, Donau doter. ,Myw 40mbors of the c:ty Apumil As, aeyett of ►ire aJ Uwter dneitW �-]Aw.onr tt is the r, 'atwaWatian of the rim and aato., coswittae that the City grant "raftb ONON." s Dow lkter atia to at troL th to the Mosier ►a Cif a w Ileloin cassetbvo tons, .. ao rp to �� Ca�ttgo Minutes - Renton City Council fleeting ly(4f6s OLD BITSINSSS BY ODMCII_: (Cont.) Fire and Water Committee Chairman Bruce subritted report rec0errending that the request of Glacier Park Company and Melvin C,,rothera fnr Lrte-Comers Agreement- in ennneetfr,n with watere.ain rxterrionr, be granted. Movad by Trinmr, seconded by Maxin, to adopt the recommendation. Carried. NEW SINTNESS BY COMM Council President Garrett announced a meeting of the Comamiitee of the Whole on Wednesdav, November 1'th at gr0o p.m. to discuss items pending in Committee, including the Tukwila- Glacier Development Project. Coomeilman Schellort T11i mittrd letter directed to City Officials by Lieut. Governor Cherberg, calling attention to eubjecto requiring legislative action for revision of existing statutpe, including eintergovernaa!ntol Cooperation (Ch. 2'o, Laws of 1967) The Tax freeze Act (Ch. _At', Ex. Seas., 1ve71 and law and Order - State Financial Aid TO Cities (Ch. 143, Sec. 3, Ex. Seas., 1967) Needs with ref o.'t *0 each item w,•rn. outlined and it was moved by Sr)%sllert, seconded by Delaurenti, to refer the letter to the legislative Ornmtttet for review and recommendation. The motion carried. Councilman Schellert reported a"cndance at the American public Works Association con- vention in Yakima. Institution by Cities of a Department of Community Development which combines the fimotions of the Planning and Engineering Departments under one department head wga noted along with future emphasis in regard to land development to be placed on redevelopment of existing lands and uses rather than new or raw lands. en'laetive bargaining was also discussed and speaker C. Carey Donworth urged lesser units for the municipalities so that commrity of interest of Ming represented on the acme grounds it likp work ran 1,e attained Chairman Schellert arnrcmced a meeting of t.icr Capital Improvrm+ent Priority Committee with the Public Works Committee no November loth at u::t0 a.m. Councilman Dares reported receipt of appraisal invoice, payable to Louis Peretti, for appraisal of portion of Lake Washington Blvd, requested to be vacated for the Boeing Company, and moved that the funding in aim of $300.00 be referred '.o the WWI and Means Committee. The motion was seconded by Shane and carried. Councilman Share urged that the Council consider Resolotion to forward in the State Legislature, going on record for all .churches and fraternal organizations to be pot an the tax rolls, except for allowance under the Cneatitution. He inquired of the Police Chief if report could be made available at the next council meeting regarding Increase in robberies in the city, noting three policemen had been deleted from the budgetary request; al.an informat inn regarding Owvl.errnn of the gun range was requested. The Planning Director was requested to furnish informat,on regarding possible duplicate Planning services since t!•.nse. Of the Valley Regional PlanningCommission, Coission, King County and the City are utiliz,d with tt�P tt ought in mind of fending additional monevs for patrolman fr,xm expense cnnrect,d with ttce planning services. Councilman Grant moved that the suhjeet of requiring or requesting a finencial statement acd torsi campaign expf•n,1Itrre discinsure with so..irce of donations for all elected officials be refereed to the Lam.' and Ordinance Committee. Upon second, discussion followed and the City Attorney was requested to comment t•sgardirg legality of such pro- posal. Attorney Shellac: noted campaign contributions report to he a State legislative matter, the present law having been promulgated by' the ftste Legislature affects most candidates in the fall (Renton Officials filed campaign expongps with the City Clerk alter the Primary Election last fall) per ROW 2v.1s.140. Mr. Shellan rxpre?eed doubt of tine legality and after further diacv.gsion regarding, in ,>f gamculinw »•inn Inge a- snuree Of campaign expense whi.l: it was noted would not be a crime if wan In Ian Vegas where gambling is not illegal and applicable income tax had been filed, tt eras waved by Morris, seconded by Bares, that the Subject under discussion he tabled until. Atlolney Shcllan'a opinion as to legality ran be prepared. Carried. As there was no m.-tlu to come hefore t`•e Council at this time, it was *raved byDelaurent", sr: arz�i. to ad�nmm rn. Carried. -`:r meeting was adjourrvd at T`iere ai tor- in the Co,enciI O'ar.ce, .is evening. Tory Garrett er ent o a ouzie a low. helem, ty ' ram' Minutes - Renton City Council Meeting 1114/68 OLD RRSTNESS BY COUKC (Cont.) Fire and Water Committee Chairman Bruce submitted report rec,xsnending that the request Of Glacier Park Company and Mol-Mi. Carrothers f-•r Lots-Conw-rr Agrepwnts in connection with wateimain extensions, he granted. Moved by Trim. ascended by Maxin, to adopt the recrnmendation. Carried. NEW BUSINESS BY CO MCSL: Co ncil President Carrett announced a meeting of the Co mitten of the Whole on Wednesdav, November 19th at 8tC0 p.m. to discuss items pending in Committee, including the Tokwila- Glacier De�vlopeent Project. Councilman Schellert submitted letter directed to City Officials b, Lieut. Governor Cherberg, calling attention to subjects requiring legislative action for revision of existing statutes, including "Intergovernmental Cooperation (Ch. %,19, Laws of 19n7) The Tax Freeze Act (Ch. 24r. Ex. Sens., 190) and Law and Order - State Financial Aid To Cities (Ch. 14% Sec. 3, Ex. Sass., 1907) Needs with respert to each item were outlined and it was moved by Schellert, seconded by Delaurenti, to refer the letter to the Legislative Committee for review and recommendation. The motion carried. Councilman Schellert reported attendance at the American Public Works Association Con- vention in Yakima. Institution be Cities of a Department of Community Development which combines the functions of the Planning and Engineering Departments under one department head was noted along with future emphasis in regard to land development to be placed on redevelopmont of existing lands and uses rather than new or raw lands. Collective bargaining was alan disrusaed and speaker C. Carey Donworth urged lesser units for the municipalities so that community pf interest or being represented on the some grounds in like work can i•e attained. Chairman Schellert annoumced a meeting of tine Capital Improvemem Priority Committee with the Public Works Committee or November 1pth. at 0:10 a.m. Councilman Barei reported receipt of appraisal invoice, pays?de to Lois Peretti, for appraisal of portion of Lake Washington Blvd, requested to be vacated far the Boeing Company, and moved that the funding in sum of ;100.00 be referred to the Ways and Means Cnmmitto, The motion was seconded by Shane and carried. Councilman Shane urged that the Council consider Resolution to forward to the State Lvgialature, going on rpcord for all ehorrhes and fraternal organizations to be put on the tax rolls, except for allowance under the Constitution. lie inquired of the Police Chief if report could be made available at the next cnunril meeting regarding increase in robberies in the city, noting three policemen had been deleted from the budgetary request; also informatinr regarding completion of the pnm range was requested. The Planning Director was requested to furnish information regarding possible duplicate Planning services since those of the Valley Regional Planning Commission, Ring County and the City are utilized with the thought in mind of funding additional moneys for patrolman from expenses connected with the planning services. COUrellmen Grant moved teat the subject of requiring or requesting a financial statement and total campaign expenditure disclosure with source of dnnationr for all elected officials be referred to the Law and Ordinance Committee. Upon second, discussion followed and the City Attorney was requested to comment regarding legality of Snclh pro- posal. Attorney Shellan noted campaign contributions report to be a State legislative matter, the present low having been promulgated by the State Le.gislaturp affects most candidates in the tell (Renton Officials riled campefr,n expenses with tI,e City Clprk after the Primary Rlection last fall) per RCW 29.15.140. Mr. Sheller expressed doubt of the legality and after further discussion regarding inclusion of gamhling winnings as source Of campaign expense wlmich it was noted would not be 4 crime if won in Las Vegas where gambling is not illegal and applicable incase tam had bear: filed, it was moved by Morris, seconded by Barei, that the subject under discussion be tabled until .Attorney She llan's opinion as to legality can two 'Prepared. Carried. there was no further business to come before tha Council si this time, it was jon,pd ,n D.,.laurpnti, sernnded by Parpi. 1v adjosm. Ca,..ried, The= espt it war ad,]ourned at o:as p.m. There were :; yl pi`,us in t G+^nil CharberG *`;is everinc. very Garrett resident of the Council M Of REL S OY OFFICE OF THE CITY ATTORNEY • RENTON.W ARHINOTON V^ 1. MST WFICE WN Sn.IN 240 RYLNUf YUIIOINO,RLNYON.WASHINGTON W55 MANE 5.1618 f , ` QlRO41I11�U.EINLLAM CITY ATTORNEY OBI Curl\\01 140111 N.NIA,141..ASSISTANT CITY ATTORNEY February 28, 1969 Mr. Jack Wilson, City Engineer City Hall Renton, Washington Re: Latecomer Agreement - Glacier Park Co. Dear Jack: We are enclosing herewith the original and four copies of the proposed Latecomer Agreement that we have received fro;u Mr. Boyd of the Great Northern Railway Company this date. After approving same would you please present it to the Council and to the Mayor and Ciry Clerk for their approval. We remain Very ,truly yours, —T Gatga4'd M. Shellan `GMS:ds City Engineer Enc. cc: Mayor City Clerk Pres. Council ENDING &AMA" FILE TITLE