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HomeMy WebLinkAboutLA 6598725 1 6598`725 VOL 239 PACE 591 r r z.c. g.a. /4"4f AGREEMENT AND CONVEYANCE RE SEVER LINES AND APPURTENANCES 1969 THIS AGREEMENT made and entered into this 3rd day of December , by and between 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 "City", If) and McGRATH CORPORATION hereinafter referred CO a` to as " Owner-Developer n; WITNESSETLID H: WHEREAS Owner-Developer , is desirous of installing certain sewer lines and appurtenances thereto at, near or within the heredbtielow described property and to connect same to the City's Sanitary Sewer System so that suchimprovements will constitute an integral part thereof; and WHEREAS no other property owners or users are presently available to share in the cost and expense of construction of such improvements and the parties.hereto having in mind the provisions and terms of Chapter 261 of the 1959 Sessions laws, generally referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91.010 et seq)"; and WHEREAS Owner-Developer is willing to pay all the costs and expensesfor the installation of said improvements; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1. Owner-Developer hereby acknowledges and coven its . that he is the owner of the following described property, to-wit: See Exhibit "A" attached and Owner-Developer hereby agrees and covenants to cause to have installed the following described improvements, to-wit: An 8 inch sanitary sewer line, together with appurtenances, 175 lineal feet in length lying 5 feet South of the centerline of Northeast 24th Street between a manhole 5 feet Westerly of the centerline of 136th Avenue Southeast and a point 180 feet Westerly of said centerline. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. Owner-Developer further covenants and warrants that all expenses and claims in connection with the construction - 1 - t 30 FALL 50 •2 • EXHIBIT "A" .. 4.%C. OF I f41:440 � 1 The North one-half of the North one-half of the North one-half of the Southwest one-quarter of the Northwest one-quarter of Section 3, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the East 180.50 feet; AND EXCEPT the West 260.00 feet thereof; TOGETHER WITH an easement for road and utility purposes over the South 30 feet of the North one-half of the North one-half of the North one-half of the Southwest one-quarter of the Northwest one-quarter of said Section and the North 30 feet of the South one-half of the North one-half of the North one-half of the Southwest one-quarter of the Northwest one-quarter of said Section, as created by instrument recorded under Auditor's File No. 5364626; EXCEPT portion lying within the above described main tract. - Vol 239 FACE• J93 and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at Owner-Developer's expense, and Owner-Developer .d_..-._v covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. OWNER-DEVELOPER further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of tV t'- $ 840.00 . Based on said total amount of cost, the cost per square foot/ or CO up the cost ,er front lineal foot (strike out the inapplicable pert) of said improvement `O Owner-Developer shall be employed to determine the prorate reimbursement to P 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 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 cost of the aforedescribed improvement shall be different from that set forth hereinabove, then 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 aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. 4. Owner-Developer hereby agrees and covenants to convey, transfer and assign unto City all right, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; City agrees to accept and maintain said improvement as part of its present sanitary sewer system upon approval thereof by the City Engineer and after inspection of said construction. Owner-Developer further agrees and covenants to execute and to deliver unto City any and all documents including Quit Claim Deeds and Bills of Sales that may reasonably be necessary to fully vest title in the City and to effectuate this conveyance and transfer. Owner-Developer further agrees and covenants to pay unto 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. 5. 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 improvement and to 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 permit or be authorized ` 2 - YO. 239 PAGE 94 • to tap into, hookup unto or use any such facilities or extensions thereof during the period of 5 years from date hereof, without first paying unto City, in addition to diy and all other costs, fees and charges made or assessed for each tap, hookup or use, or for the sanitary sewer facilities constructed in connection 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-Developer under the terms of this agreement within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or tf) Nconnection is made into any such contracted facility, without such payment having been CO first made, the legislative body of the City may cause to have removed such unauthorized tap, hookup or connection, and all connecting tile or pipe or related accessories located in the facility of right of way, and dispose of such unauthorized material so removed, without any liability on the part of the City whatever. It is further agreed and covenanted that upon expiration of the term of this agreement, to-wit: 5 years from date hereof, City shall be under no further obligation to collect or make any further sums unto Owner-Developer The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup or tap unto such improvement, shall be final and conclusive in all respects. 6. It is further agreed and understood that the of oredescribed improvements to be undertaken and paid for by Owner-Developer have been or are about to be connected with the sanitary sewer system of the City, and upon such connection and acceptance by the City through its legislative body, said extension and/or improvement shall be and become a part of the municipal sanitary sewer system. 7. 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-Developer `1111111.111f Iff:JJ/ /i . 1969 ,;: : • .. ys, DATED this --.3rd„ day of December , X004 p r •.t , cC CITY OF RENTON`�*, l upAc pa,J',• rporation tt _ "' 0:‘ Pteclelket, By { � Treasurer Ct - 3 - ! , • VOL 239 PAGE 595 STATE OF WASHINGTON ) ) ss - • COUNTY OF KING ) t. ' i1 ' 1969 • f On this 3rd day of December , TIM, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared T. A. McGrath and Tom Stevenson to Es known to be the President and Secretary/Treasurer , respectively, of McGrath Corporation the corporation that executed the foregoing instrument, and acknowledged the 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 are authorized 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 .a :nd y api,Ln,,,;,` _ this certificate above written, i „.*,c)LON1 c, ,,,,,, • No ary • bile and for .t ' t 't •,;97”;:.,�>`s'�" of Was ing ton, residing 4t • '� �;�►. STATE OF WASHINGTON ) I ' * *.• Ao ) as •s„„nn••". COUNTY OF KING ) 1969 ' On this 3rd day of December , !, before me, the undersigned, 'a , Notary Public in and for the State of Washington, duly commissioned and sworn personally appeareddvery Garrett & Helmie Nelscnto me known to be the i r". individual described in and who executed the foregoing instrument, and acknowledged to me that theysigned and sealed the said instrument astheir free and voluntary (.. act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. U 4 Noary Public in and for _ e tate of Washington, residing at Renton. A. \."t t�td 114 S bf�'1' ,., ti i`*•yam• ,:. ; V..,..; DEC-15-69 oOOZ 6593725 IOW.*IMO= F 6.00 • • ,• rn m • - - 4 1/4-0 1.31 tr. 4,0 '13" •K _7„e.) .•11) y )(rt „,, ".„ 4.7‘4t 41- el • '1 'N., • -7 t • , . • ••• OFFICE OF THE CITY CLERK >, 0 ft RENTON MUNICIPAL BLDG. 200 MILL AVE. SOUTH RENTON, WASH. 9805$