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HomeMy WebLinkAboutLA 6189793 D.t. . . , n a waof I � ^C'. CYud 1 -. x1t• of-ca �� -Y 0? - ' da . , 4- e73 g7/3 ,.a, SA gnat o -- U 77 _� G39 6 AG AND CONVEYANCE RE SEWER LINE THIS AGREEMENT made and entered into this 5th day of June 1967, by and between the CITY OF RENTON, a muni- cipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to as "City" , and UNION OIL COMPANY OF CALIFORNIA, a California corporation doing business in Renton, King County, Washington, hereinafter referred to as "Owner" ; WITNESSETH: CS-WHEREAS, Owner is desirous of installing a certain sewer is- line extension at or near the vicinity of 128th S. E . a • to con- nect the same to City' s sanitary sewer system; and WHEREAS, no other property owners or users are presently available to share in the cost and expense of construction of such sewer line and the parties hereto having in mind the provi- sions and terms of Chapter 261 of the 1959 Session Laws, generally known as the "Municipal Water and Sewer Facilities Act" , RCW 35.91.010, et seq. ; and WiEREAS,Owner is willing to pay all of the costs and expenses for the installation of said sewer line; NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED by and between the aforesaid parties as follows: 1. Owner hereby agrees and covenants to cause to have in- I stalled that certain sewer line extension at or near 128th Avenue S.E. , which construction is more particularly described as follows: I An eight-inch Sanitary Sewer extending easterly along 4th Avenue North (Southeast 128th Street) an approxi- mate distance of 1150 feet from the termination of an I existing 8" Sanitary Main located 25 feet southerly and 1495 feet easterly of an existing manhole at 4th Avenue North 21 feet west of the centerline of "M" Street" y ► • • r - - and such installation to be made in compliance with all appli- cable codes and regulations, including the ordinances of the City of Renton; Owner further covenants and warrants that all expenses and claims in connection with the construction and instal- lation of said sanitary sewer line, whether for labor or materials or both, have been or will be paid in full, and all at Owner 's expense. Owner further certifiesthat the total estimated cost of said construction as hereinabove specified is the sum of twelve thousand three hundred dollars ($12, 300.00) The benefited frontage along 128th Avenue S. E. is hereby estab- lished at 1,123 lineal feet all on the south side of said street. It is hereby understood and agreed that in the event the total actual cost shall be different from that set forth above, this agreement will be amended to set forth the total actual cost of said improvement to Owner. 2. it is hereby found and determined that the construction and installation of said sanitary sewer line is in the public interest and in furtherance of public health and sanitation. 3. Owner hereby agrees and covenants to convey, transfer and assign unto CITY OF RENTON all right, interest and title in and to said sanitary sewer line extension, and all appurtenances and accessories thereto, free from any claim and encumbrance, and City agrees to accept and maintain said line as part of its present sanitary sewer system upon approval thereof by the City Engineer. Owner further agrees and covenants, if so requested by City, to execute and deliver unto City any and all documents, including quitclaim deeds or bills of sale, that may reasonably 2 • • be required by City to effectuate this conveyance and transfer. Owner further agrees to pay unto City such service or other charges as may be imposed by the ordinances of the City of Renton from time to time applicable to like users of the same class and circumstances. 4. 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 sewer line and to allow service connec- tions to be made to said extensions or additions, without liability on the part of City. 5. No person or corporation shall be granted a permit or be authorized to tap into, hook onto or use said sanitary sewer line ex- tension as hereinabove described, during the period of seven and one half (7-1/2) years from the date of acceptance by City, without first paying unto City in addition to any and all other costs and charges made or assessed for each tap, hookup or use, or for the sanitary sewer facilities constructed in connection therewith, the amount re- quired by the following provision of this contract. The cost per front foot of said improvement shall be ascertained by dividing the total actual cost of the improvement as hereinabove certified or amended by 1, 123 lineal feet, the total frontage benefited by said improvement. The prorata reimbursement to Owner by an owner, user or occupant of real estate who did not contribute to the original cost of said improve- ment made by Owner and who subsequently wishes to tap into or hook onto said sanitary sewer line extension, shall be the above determined cost per front foot multiplied by the total lineal front footage of such owner, user or occupant. Furthermore, the decision of the City , Engineer or Superintendent of Utilities of City, or other duly auth• , or computing ized representative of City in determining/the lineal front footage •E any such owner, user or occupant wishing to hook onto said sewer line 3 N . extension shall be final and conclusive in all respects. All amounts received by City shall be paid to Owner under the terms of this Agreement within sixty (60) days after receipt thereof. Furthermore, in case any tap, hookup or connection is made onto any such sanitary sewer line extension without such payment having first been made as hereinabove set forth, then the City Council of the City of Renton shall remove, or cause to be removed, such unauthorized tap, hookup or connection and all connecting tile or pipe located in the facility right of way, and thereupon dispose of such unauthorized material so removed, without any further liability whatsoever to any party. 6. It is further agreed and understood by and between the parties hereto that' upon the expiration of the term of this Agree- ment, to wit, seven and one-half (7-1/2) years from the date here- of, City shall be under no further obligation to collect or remit any other or further sums unto Owner. 7. It is further agreed and understood that the aforedescribed improvements have been or are about to be connected with the sani- tary sewer system of City, and upon such connection and acceptance by City through its legislative body, said sewer line extension shall be a part of the municipal sanitary sewer system. DATED this -/- -i day of June , 1967. CITY RENTON, UNION OIL COMPANY OF CALIFORNIA, a mu /ipal corporation a Cal ' or ' a corporation 1317/6497‘11 'b . , ? --_` �y IIVALLAA is. I h Donald W. Custer, Mayor / VICE PRESI©EEN1', By `�LGt- r� r1//��� r_ B t'11*4/iz Helmie Nelson, City Clerk Assistant Seoretarp t 4 - : i - . 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss On this day personally appeared before me JOHN W. TOWLER and E. W. cA g , to me known to be the Vice President and Assistant Secretary , respectively, of 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 they were 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 5th day of June 1967. _+ GLORYN G. McKEE �• .T +' ' NOTARY PURL(' CALIFORti1A Notary Pu is in and or the County "- � , rK CiP , FtCE iN of Los Angeles, State of California L'�5 At.Gi.�S COUNFY — My Commission expires April Z,1968 5 STATE OF WASHINGTON ) COUNTY OF KING ) ss On this day personally appeared before me DONALD W. CUSTER and HELMIE NELSON, to me known to be the Mayor and the City Clerk, respectively, of 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 authorized to execute said instrument and that the seal af- fixed is the corporate seal of said corporation. Given under my hand and official seal this /,1 day of 1967. Notary Public in and for the State of Washington, residing at Renton • 1 6