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HomeMy WebLinkAboutLA 8703301693 �. .:17'"a� ,�, „s.,,,��. ,� Project No. 19-2-25 hi S-387 ' 87/n3/3n #1693 ( Fr"-771.CR MK RECD F 10.00 r BLDG. s 74.9-isL ***1 n.r_m i AGREEMENT AND CONVEYANCE �4tiiC�li�V, A COa155 RE: UTILITIES SYSTEMS 771 THIS AGREEMENT made and entered into this �� day of /.1.40)42'7° 19fr7 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 SHOHEN LIMITED PARTNERSHIP hereinafter referred to as "DEVELOPER"; Rich Henderckson, General Partner WITNESSETH: sanitary and storm sewers, curb, gutter, sidewalk and paving WHEREAS "The Developer" is desirous of installing certain I -, _ -- and CA appurtenances thereto at, near, or within the hereinbelow described property and to GO connect same to the City's Utility System so that such improvements will constitute an Cintegral part thereof; and WHEREAS no other property owners or users are presently available to share in the cost Cand expense of construction of such improvements and the parties hereto having in mind Up 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 . 101 et seq)"; and WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation of 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; Lots 24, 25, 26 and 27, Block 21 , Plat of C.D. Hillman 's Earlington Gardens Addition, Division No. 1 as recorded in Vol . 17 of Plats, Page 74, Records of King County, Washington. AKA Parcel B 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: Sanitary and storm sewers together with curb, gutter, sidewalk and paving together with all appurtenances, per approved City of Renton plans 19-2-25 and S-387. • 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 $ SEE Cost Breakdown (Exhibit A) 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" Sheet 1 of 5 -8'7 Based on said total amount of costxxkixaxcmc scxpcemxsccrma;ocecxfoatfAlmx xoca t per front lineal foot (sth ih.e out the .inapp!Lcab.2e 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 See Cost Breakdown is $ See Exhibit •'A" 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. CO 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 all appurten- 0 ances and accessories thereto, free from any claim and encumbrance of any party gwhomsoever; City agrees to accept and maintain said improvement as part of its present © Utilities Systems upon approval thereof by the City Engineer and after inspection of 00 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 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 locatedin 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 Sheet 2 of 5 • - 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". f DAY OF FL (I.�Yev 19 P7 cr., DATED THIS 0 CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOP ' ` / CI BY: lar' an&) Q BY: f_I.fa.i /r 0 � i MAYOR e7) BY BY: 0:),/cieliy ' / ��� i . •/ BY1 1% AAl'UTY CITY CLERK CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this o2.�A.�ay , 192f, On this day p rsonally appeared before me of�i��i � /� I/� before me personally a.peared&rbara. K/C//' &Aux ic: Sa4' . r6s„ to me kn6wwn to (Grantt r(s) be ' he ( Mayor, City Clerk ^" e ?' " " WPC/ 5o,il 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 han, and official seal this and that the seal affixed is the corporate MTh/ day of 1L-' J/", , 19'j . seal of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set Signature of officer d official seal my hand and affixed my official seal the day and year first above written. i:, otary Pu ' is in a1/ ,7/ .1:e fr tState of Signature & Title of Officer Washington, residing at ,5-6.52777744.;-- Notary Public in and for t State of Washington, residing in Sheet 3 of 5 • 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: SHOHEN LATECOMER Project No. : S-387 and 19-2-25 Recipient: Shohen Limited Partnership, Rich Henderickson, General Partner. Brief Project Description: Installation of sanitary and storm sewer together with curb, gutter, sidewalk CI and paving per approved City of Renton plans 19-2-25 and S-387. O LEGAL DESCRIPTION: CM All properties affected by this latecomer agreement are within Plat of C.D. O Hillman's Earlington Gardens Addition, Division No. 1 as recorded in Volume 17 of Plats, Page 74, Records of King County, WA and more particularly described OD as follows: Parcel A: Lots 28 and 29, Block 21; Parcel B: Lots 24, 25, 26, and 27, Block 21; Parcel C: Lots 30 and 31, Block 21,Less Street; m rn Parcel D: Lots 19 thru 25, Block 22, Less St. Hwy. , and Lots 34 thru 38, Block 22 together with r.: West 60 feet of Lots 39 and 40, Block 22 and - `1 South 20 feet of East 135.05 feet of said _ v? Lot 39, Less St. Hwy. -< - --1 Parcel E: Lots 30 thru 33, Block 22, Less St. Parcel F: North 20 feet of East 135.05 of Lot 39 and 40, Block 22, Less West 60 feet, Less St. Hwy. Parcel B is owned by the developer and therefore has pre-paid his share of cost under this agreement, and is exempt from any lien or assessment herein. Sheet 4A of 5 Cost break down for each parcel is as follows: (Front Footages vary due to length of improvement) . SANITARY SEWER Total Assess Ftg. = 540 L.F. Total Cost = $11,248.89 Cost Per Fr.Ft. = $20.83128 ASSESSMENT AMOUNT OF PARCEL FRONTFOOTAGE OWING ASSESSMENT PAID A 80' $1,666.50 D 220' 3,682.08 $ 900.81 G 80 ' 1,666.50 CO TOTAL 380' $5,348.58 $2,567.31 CPI PAVING CO Total Assess Ftg. = 700 L.F. CO Total Cost = $ 7,399.70 O Cost Per Fr.Ft. = $10.57100 r- un (n ASSESSMENT AMOUNT OF PARCEL FRONTFOOTAGE OWING ASSESSMENT PAID A 80 ' $ 845.68 C 80' 845.68 D 220 ' $2,325.62 E 40' 422.84 F 40' 422.84 G 80' 845.68 TOTAL 540' $2,537.04 $3,171.30 CURB, GUTTER & SIDEWALK Total Assess Ftg. = 300 L.F. Total Cost = $ 6,109.81 Cost Per Fr.Ft. = $20.36603 ASSESSMENT AMOUNT OF PARCEL FRONTFOOTAGE OWING ASSESSMENT PAID A 80 ' $1,629.28 C 60' 1,221.96 TOTAL 140 ' $2,851.24 STORM SEWER Total Assess Ftg. = 320 L.F. Total Cost = $ 4,096.99 Cost Per Fr.Ft = $12.80310 ASSESSMENT AMOUNT OF PARCEL FRONTFOOTAGE OWING ASSESSMENT PAID A 80' $1,024.25 C 80' 1,024.25 TOTAL 160' $2,048.50 APPROVE/. 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ST. r lySC 4 Na9-4.s-30 A' ZNwyX } ".,-...-/ -329+38.8 ss u 24 Avl. s.leens s/, t 195.9i• .0.0 0.0 -1-4/— 'iy, 0, � J4LO_1—ss ` o• 0 56 3 1 . 56 i 55 .. 4 ' I 53 11111 � ss !:i 1 54 5 • `.(, 54 , • ') §3 0 0 6 . h; 53- .' t- I \ s3 • 5Z 7 '!' " S2 1 5t $ 111 N. • 5-1 �` - - STR 19-23-5 -t-r-- ~ 5O — 9 ,J T "t SO _ 1I so ✓` CITY OF RENTON NORTH SHOHEN LATECOMER S-387 STM 19-2-25 SHEET 5 of 5