HomeMy WebLinkAboutLA 7402250409 L.C.A.G.
006-74
L.C.A. G. 006-74
AGREEMENT AND CONVEYANCE RE
SEWER LINES AND APPURTENANCES
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THIS AGREEMENT made and entered into this g O day of FC bru4,1, 311111
by and between the CITY OF RENTON, a municipal corporation of the second class under
0• the laws and statutes of the State of Washington, hereinafter referred to as "City",
{-U & Pauline H. Kirkman
• and J. C. Kirkman d/b/a Kirkman Konstruction hereinafter referred
r— to as " Developer
WITNESSETH:
WHEREAS The Developer is desirous of installing certain
sewer lines and appurtenances thereto at, near or within the heredhbeloy 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
WHETS The 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 FOLLOW:
1. The Developer hereby acknowledges and covenants
that he is the owner of the following described property, to-wit:
(See Attached Description - EXHIBIT "A")
and The Developer hereby agrees and covenants to cause to have
installed the following described improvements, to-wit:
741 ' of 8" sanitary sewer with manholes on N.E. Sunset Boulevard & Queen
Avenue N.E. to south line of described property.
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. The developer further
covenants and warrants that all expenses and claims in connection with the construction
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and installation of the aforesaid improvements, whether for labor or materials or both,
have been or will be paid in full, all at , Develoy" expense,
and Developer covenants and agrees to hold the City of
Renton harmless from any liability in connection therewith.
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CD 2. The Developer further certifies that the total
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LC) estimated cost of said construction as hereinabove specified will be in the sum of
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0 $ 8,485.00 . Based on said total amount of cost, t**= gmr= mace=€ / or
the cost er front lineal foot (strike out the inapplicable part) of said improvement
shall be employed to determine the prorate reimbursement to $11 .45
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. The 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. The_ 'DeyeloDe.r 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. The 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
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to tap into, hookup unto or use any such facilities or extensions thereof during the
period of 10 years from date hereof, without first paying unto City, in addition to
diiy 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 The Developer under the terms of this agreement
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d within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or
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CV connection is made into any such contracted facility, without such payment having been
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CD first made, the legislative body of the City may cause to have removed such unauthorized
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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: 10 years
from date hereof, City shall be under no further obligation to collect or make any further
sums unto The 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 aforedescribed improvements
to be undertaken and paid for by The 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 The Developer .
,,,,:,,,<<t+�DDTED this 41) day of Fc41 u a r
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C t:" •'T ��REfIC k,ia •nicipal •corporation
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4ASTED
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STATE OF WASHINGTON )
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COUNTY OF KING )
On this 14hday of , s, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared J i -t-« G, V- 12'rt-u nd Pim c���►�� �-� . IL���-�r�-��ti.�
to irk known to be the and respectively,
of the ae� Ythat executed the
foregoing instrument, and acknowledLed the said instrument to be the free and
voluntary act and deed of said said ".....edsocitzeanWpin, for the uses and purposes therein
mentioned, and on oath stated that r--et iN.(2- authorized to execute the said
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�� WITNESS my hand and official seal hereto affixed the day and year"ifir,,• ,�,
ON this certificate above written. ���SbM_'do*+i,,�
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ota y Tool E'c in and f:r S ate -' r•`:�'
of Washin ton residingat� �� �`
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STATE OF WASHINGTON ) HN . •:
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COUNTY OF KING ) -
On this OTT, day of I-b ru't d^ ,g , before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn
personally appearedAVe6-L 4mfrcola- Dek"--S fi• li9•=gd , to me known to be the
individualldescribed in and who executed the foregoing instrument, and acknowledged
to me that i- signed and sealed the said instrument as7h€tt- 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.
a - ci
Notary Public in and for v tate;
of Washington, residing ate nt�on;• '._� `
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Rit '4. • U4c 2.2700 .
-0'• 1A0 SUVOR _ " CMI�o ,
Civic Engineer and land S$rv.yor ry,. l
302 Scat 1CJaY ,.r, 4„
f Kant, 90031 4f W
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F ° Descriptions for Mr. s.C. Kirkman of property as surveyed and shod f
, on Drawing No. 3645 ;.�
ri .( Tract ►Act Y
West 125 ' of that portion of E.i of N.E.* of S.°W.* of S.E.*, Section 4;44
' T. 23 N. , R. 5 E. ,"%14. lying southerly of P.S.H. No. 2; "
Except the south 255' thereof. .:,
. x:�> Tract "B" }: _
. CD Vest 125' of north50 ' of ,aout;a. 255'' f r •, « T _E n f 8.1';-Ci
';r. 804104 •Y :*
Li .i , .)t. 1� » e y �a �d �t �
s Section 4i 23 NY. , P. 5 E. ,t`;.?+ . `' 1
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NTract "C" r • ..+^�` I
0.. c'j ' Vest 125' of north 80 ' of south 195 ' of B.:t of N. '.i of S.W.i of S.E. 4CD �,',
Section 4, T. 23 N. , R. 5 E. ,V•.". ' . •;�
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Tract "D"
'West 125' of north 60 ' of south 135' of E.fr of N.E.i of S.w.1717 of S.E.i ,
Section 4, T. 23 N. , R. 5 E. ,W.M.
° Tract IT"
That portiox. of E.i of N.E.i. of S.4,t.4 of `.7.E.i , Section 4, T. 23 N. ,
R. 5 E. ,w.t�'.. lying southerly of P.3.d. No. 2; _
t . Except the west 175' thereof; and :d
Except the south 200' thereof _ .- ,,,
queen Ave a �.
East 5,0' of west 175' of that portion of E.? of N.E. of S.W.t of ' `:'«
S.E.i of Section 4 , T. 23 N. , R. 5 E. ,v.'.11. lying southerly of '`1,
P.S.H.. No. 2 :, s
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Recorderts_Note: Partsof instrument not dark enough for microf'
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RECORDED
MIST OF
FILED for Record at Request ot
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r Rcord at is -d, 1974 FEE 25 PM 2 34 idti fa18kla
4Itt:6-• (Z. 7-re.a-L
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) OFFICE OF THE CITY CLERK DIRECTOR
1 .t614,40.
RENTON MUNICIPAL BLDG. RECORDS 44 ELECTIONS
KING COUNTY, WASH.
RENTON, WASH. 98055
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