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HomeMy WebLinkAboutLA 8711180730 t , S-429 Phase II AGREEMENT AND CONVEYANCE RE: UTILITIES SYSTEMS THIS AGREEMENT made and entered into this 4e--4- day of '1„ ti 19 :7 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 Fairfield Developments, _Inc./Richard R. Hathaway hereinafter referred to as "DEVELOPER"; Vice-President WITNESSET H: WHEREAS "The Developer'.' is desirous of installing certain taractacrtxacrt 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 0 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 las 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 1:1of said improvements; 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; S 250 FT OF W 1/2 OF E 1/2 OF SW 1/4 OF SW 1/4 OF SEC. 10, TWP. 23N, R. 5E. , W.M. LESS W. 175 FT. LESS CO. ROAD. AKA PARCEL NO. 2 THIS AGREEMENT, AND IS THEREFORE EXEMPT FROM ANY LATECOMER FEE HEREIN. and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: INSTALLATION OF 1355 L.F. OF 12", 15", AND 16" SEWER MAIN, 8 MANHOLES AND ALL OTHER APPURTENANCES PER CITY OF RENTON SEWER PLAN S-429 PHASE II, LATECOMER BASED ON 8" PIPE AS CITY PAID THE DIFFERENCE BETWEEN 8 PIPE AND 12", 15", AND 16" PIPE IN OVERSIZING COSTS. 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 estimated cost of said construction -as hereinabove specified will be in the sum of $ 63,283.90 See Exhibit "A" attached hereto for the legal description of the lands affected 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" 8""�+ nes, REM' FilE0 R RECORD Au EM 3F ;:::7/1 L,• #07:7,0 A • RE CD F 11.CIO • QrE'� ,0: 91c Off CL'RI< SHEET 1 .OF.'•6 Ci i SF#SL :*.i 1 a 00 PaM'MUNICIPAL a 1 UiOil, VIA 53055 751LS -: 7 r • Based on said total amount of cost xxxfuoveoper front lineal foot (a-t't.- hte out the .i.nappli,cab-ee pant) 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 FRONT LINEAL FOOT is $ 28.2502 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. O 4. The "Developer" hereby agrees and covenants to convey, transfers and assign 0 unto City all right, interest and title in and to said improvements and all appurten- ances and accessories thereto, free from any claim and encumbrance of any party .4 whomsoever; City agrees to accept and maintain said improvement as part of its present gUtilities Systems upon approval thereof by the City Engineer and after inspection of 1p said construction. The "Developer" further agrees and covenants to execute and to deliver unto the 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 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 (10) 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 (10) • years from date hereof, City shall be SHEET 2 OF 6 • 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 hook 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 /14.= DAY OF (77.-,----044--,-?r---44-119 19/%7 CI CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER: • ©"© BY: DQh i 0) &4 .T O L BY: �'r C e / ///P 4 1 MAYOR /,,�� rd rd BY: BY* //`//� CITY CLERK /04.1w0407/./e/74T/.4' / 11.40 90 CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this day of , 19_ On this day personally appeared before me before me personally appeared , to me known to (Grantor(s) be the ( Mayor, City Clerk 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 Signature of officer and official seal my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Signature & Title of Officer Washington, residing at Notary Public in and for the State of Washington, residing in p7 MPSHEET 3 OF 6 R STATE OF WASHINGTON, ss. CB County of ...KI---14:1SAFECO On this ��°�� day of � B �'+�� A. D., 19 7 before me personally appeared A --74,4c-OL- �� ".4.4rQ-`7 � , to me known �o�� ,, V{r� M� ,:tel-e 4-4 of the corporation that ,pfttxteite& i��vuhin and foregoing instrument, and acknowledged the said instrument to be the free and vol- ., ati ° ° c aadrn�sed of said corporation for the uses and purposes therein mentioned, and on oath stated �( 'iat_hetti°% authorized to execute said instrument. k ° ,......1N W1TNEES Wit REOF, I have hereunto set my hand and affixed my official seal the day and year first above i t, * a written. Q ..„..,--- 0.4,... .,c.';`4,,.<:=)1 24„,a-,..... 0a [-Lit-7j. ..., OF wiN�j\\//91Notary Public in and for the State of Washington, residing at J,u., TL-35 R2 3/76 SAF ECO Title Insurance Company-ACKNOWLEDGMENT-COFCPORATION N u I