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` Project # S-323 u...,„:Q .y JL :./.. 0 .n R4/n4/09 #0606 t AGREEMENT AND CONVEYANCE F.-., RECD F 7.0n r Cr) RE: UTILITIES SYSTEMS Ppm HSL N., 4,7.00 ct: THIS AGREEMENT made and entered into this 15th day of March 19 84 by and between the CITY OF RENTON, a municipal corporation of the second class under the laws and statutues of the State of Washington, hereinafter referred to as "CITY" and HOLVICK deREGT KOERING (Washington Tech Center)hereinafter referred to as "DEVELOPER"; WITNESSET H: WHEREAS "The Developer" is desirous of installing certain sanitary sewer lines and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the City's Utility System so that such improvements will constitute an integral part thereof; and WHEREAS no other property owners or users are presently available to share in the cost ctip 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 7) as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation 14 of said improvements; X NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1 . The "Developer" hereby acknowledges and covenants that he is the owner of the following described property, to-wit; Lots 1 , 2, 3, 4, 6, 7, 8, 9 and N. 166 ft. of Lot 10 of the Plat of Washington Technical Center as recorded in Vol . 122 of Plats, Pages 98 thru 102 records of King County Washington, AND Lot 2, City of Renton Lot Line Adjustment No. 002-83 as recorded in Volume 34 of Surveys, Pages 254 and 254A, under Recording No. 8301259002 records of King County, Washington, AND ALSO lot 1 , City of Renton Lot Line Adjustment No. 016-83 as recorded in Volume 38 of Surveys, Page 53, under Recording No. 8311159001 , records of King County, Washington. and the "Developer" hereby agrees and covenants to cause to have installed the following described improvemnts, to-wit: SEE: EXHIBIT "B" 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 and installation of the aforesaid improvements, whether for labor or materials or both have been or will be paid in full , all the "Developer's" expense, and the "Developer" covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. The "Developer" further certifies that the total es imated f said 81 ,471 .82 cos((Trunk Line) construction as hereinabove specified will be in the sum of 32,2g7O.R98 (Equivalent 8" Line) See Exhibit "A" attached hereto for the legal description o 1the71ands TOTAL by this latecomer agreement or a map showing in outline the land affected by such additional charges per the terms of this agreement. Per RCW 65.08. 170(3) (RCW 35.92.025) . SEE: EXHIBIT "A" FILED FOR RECORD AT REQUEST OF OFFICE OF WE CITY CLERK RENTON MUNICIPAL BLDG. 1 100 MILL AYE.SO. ;, ---- - REMON,WA 98055 ! S. • Based on said total amount of cost, the costs per square foot.a;ndthe cost per front lineal foot (&tiuiize out the .inapp1 cab.e.e wit) of said improvement shall be employed to determine the pro rata reimbursement to the "Developer" 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. The pro rata cost per square feet and front feet is $_0.035910 (Trunk Line) $__15.2170 (Equiv. 8" Line) 3. It is hereby found and determined that the construction and installation 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, transfers and assign unto City all right, interest and title in and to said improvements and allappurten- ances and accessories thereto, free from any claim and encumbrance of any party Owhomsoever; City agrees to accept and maintain said improvement as part of its present e� '? Utilities Systems upon approval thereof by the City Engineer and after inspection of said construction. The "Developer" further agrees and covenants to execute and to :7 deliver unto the City any and all documents including Quit Claim Deeds and Bills of JD 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 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. 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 improve- ment 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 to tap into the facility for water or sewer service during the period of ten years from date hereof, without first paying unto the City, in addition to any and all other costs, fees and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid out by it unto the "Developer" under the terms of this agreement within sixty (60) days after receipt thereof. Further- more, in case any tap, hookup or connection is made into any such contracted facility without such payment having been first made, the legislative 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 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; towit: ten 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 hoop up to such improvement, shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by Developer have been or are about to be connected with the Utilities Systems 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 utilities systems. 8. 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". DATED THIS 15th DAY OF March 19 84 • -. .rg, CITYEpton A MUNICIPAL CORPORATION ^ DEVELOPER: HOLVICK deREGT & KOF� Citi `°•, a California co $ajion. ' .By: Gtr . kAil,poc BY: /� ;•''''r'30"`"`"1". �, t . : . s MAYOR : y / "► w :.x ixethe, tir , L `' df CITY CLERK ' .0 „ f v�nl' y1l. 4 4 4 4 ' CITY OF RENTON DEVELOPER .I/ STATE .OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING• ) On this 0j,, `day of $ R 1, �� , 190 On this day personally appeared before me before me personally appearedj , „, J , -04 d- (,. rn , to me known to (Grantor(s) be the Mayor, City Clerk r or other authorized officer or agent, as the case may be) of the municipal corporation that executed the to me known to be the individual(s>described within and foregoing instrument, and in and who executed the within and fore- acknowledged said instrument to be the free going instrument, and acknowledged that he and voluntary act and deed of said municipal (she or they) signed the same as his (her corporation, for the uses and purposes or their) free and voluntary act and deed, therein mentioned, and on oath stated that for the uses and purposes therein mentioned. he was authorized to execute said instrument Given under my hand and official seal this and that the seal affixed is the corporate day of , 19 seal of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the Signature of officer and official seal day and year first above written. Signature &..; itle.of Officer Notary Public in and for the State of Washington, residing at -Qe-L4P-0 Notary Public in and for he State of Washington,.,:regiding in 0,a;.1,, u j��. r .rr�E+•0 f ' • • • EXHIBIT "A" NOTICE OF ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65 .08 . 170 (3) (RCW 35 . 92 .025) MUNICIPALITY - CITY OF RENTON , WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER: Sanitary sewer lines installed in conjunction with Washington Technical Center ® PROJECT NO.': S-323 RECIPIENT : Holvick deRegt Koering 1) BRIEF PROJECT DESCRIPTION : 1 . $81 ,471 .82 - Trunk Line TOTAL ASSESSMENT COST : 2. $54,022.01 - Equivalent 8" Line 1 . 2,268,751 .00 Sq.Ft. for Trunk Line TOTAL ASSESSABLE FOOTAGE :2. 3,550.12 Fr.Ft. for Equivalent 8" Line (Front Footage or Square Footage) 1 . $0.035910/Sq.Ft. - Trunk Line TOTAL COST PER FRONT FOOT OR SQUARE FOOT : 2. 15.2170/Fr.Ft. - Equivalent 8" Line If there is any question regarding the paid or unpaid status of the following assessments , please call the City of Renton , Utility Engineer- ing Department at 235-2631 . 1 . TRUNK LINE ASSESSABLE LEGAL DESCRIPTION FOOTAGE ADDITIONAL CHARGE LLA-013-83 Tract A 1 ,227,770 Sq.Ft. $44,089.22 Tract C 1 ,040,981 Sq.Ft. $37,382.60 TOTAL 2,268.751 Sq.Ft. $81 ,471 .82 2. 8"EQUIVALENT LINE QASSESSABLE LEGAL DESCRIPTION FOOTAGE ADDITIONAL CHARGE Washington Technical Center Vol 122 Pg. 98 thru 102 King County Washington Lot 10, Except N. 166 Feet Thereof 249.00 Fr.Ft. $ 3,789.03 Lot 11 447.36 Fr.Ft. 6,807.47 Tract B North of S.W. 7th 269.00 Fr.Ft. 4,093.37 Tract B South of S.W. 7th 1 ,155.36 Fr.Ft. 17,581 .11 TOTAL $32,270.98 EXHIBIT "B" Sanitary sewer improvements installed under Sewer Project S-323 that are eligible for latecomer fees: 1 . TRUNK LINE 1858.4 LF of 18" @ $6.50 = $12,079.60 UD 269 LF of 12" @ $5.20 = 1 ,398.80 © 4052 LF of 10" @ $4.80 = 1 ,944.96 Dewatering 26,303.00 ;) Foundation 34,773.00 Subtotal $76,499.36 :: Tax @ 6.5% 4,972.46 `t' TOTAL $81 ,471 .82 JD $81 ,471 .82 : 2,268,751 .00 Sq.Ft. = $0.035910/Sq.Ft. 2. EQUIVALENT 8" LINE 2127.43 LF @ $19.50 = $41 ,484.89 7 Each MH' s @ 1320.00 = 9,240.00 Subtotal $50,724.89 Tax @ 6.5% 3,297.12 TOTAL $54,022.01 $54,022.01 : 3,550.12 Fr.Ft. = $15.2170/Fr.Ft. CORPORATE ACKNOWLEDGMENT NO.202 ((�- — ff, !l!✓..C, ../2. 9w W..F..,rfa.r y5P3"r/r•Wid/.,_✓"4/.//'.Wl!././J./1././l./l./Il./l./l././ ll./l.J C."I ' ./, .. r , (l State of CALIFORNIA On this the 12day of March 84 S 19 before me, \ } SS. County of SANTA 'RA Carol R. Froese the undersigned Notary Public, personally appeared $ $ John S. deRegt & Christiane A. Fowler Nmrn;zfIaIarirnnuiuniu unnnu u m mus. Mc personally known to me .. OFFICIAL SEAL Z 1 e CAROL R. FROESE 3 proved to me on the basis of satisfactory evidence . . NOTARY PUBLIC _ N:AuFoR Nus to be the person(s)who executed the within instrument as 2 i COUNTY of SANTA CLARA ii Pres. & Secty. or on behalf of the corporation therein r - Comm. Exp. June 13, 1986 >v named,and acknowledged to me that the corporation executed it. u WnumurIUUIHU ruununuun nuuntuurue WITNESS my hand and official seal. _. No ar�ture — Y 9 l� �llll./✓✓l,/l✓,/1, „/!l!✓✓1,/l,/,/ll,/ll!✓✓,/fIIIIllJ11. .r1,/.�ltl✓./.Y./!_/„/l./1llIJf!./lllllllJ!!I././lllllJ./ll,�lllJ 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 t-