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HomeMy WebLinkAboutLA 8701080852 PROJECT NO. W-816 D'6`7 _T! MY MK .L NICIPAL BLDG. R7/n1/08 .40852 B ��t�.so. AGREEMENT AND CONVEYANCE RECD 1= 9.00 LOON,WA 58055 rHcH_L ****9.nn RE: UTILITIES SYSTEMS THIS AGREEMENT made and entered into this .3/.a -day of 44 l9?( 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 John Pietromonaco and/or John W. McKenna, Jr. (General Partners Business Parks Northwest) hereinafter referred to as "DEVELOPER"; WITNESSET H: ;11 WHEREAS "The Developer" is desirous of installing certain water )b%)JX Jt- lines and OD appurtenances thereto at, near, or within the hereinbelow described property and to O connect same to the City's Utility System so that such improvements will constitute an CD integral part thereof; and QWHEREAS no other property owners or users are presently available to share in the cost 00 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 . 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; That portion of Tract 183 of C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 3, as per plat recorded in Volume 11 of Plats, on Page 81, records of King County, lying Easterly and Northerly of Primary State Highway No. 1 as condemned for highway purposes by the State of Washington under King County Superior Court Cause No. 613780; Situate in the City of Renton, County of King, State of Washington. and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of 477.L.F. of 12" D.I. watermain, and one fire hydrant and all appurtenances per Water Plan W-816; 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 $ 30,591.81 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 Exhbiit "A". 1 of 5 • . . Based on said total amount of cost, xgRXXXxRgxxxximmxitx moXioxxxk txmx per front lineal foot W,ti!ze out the knappt cabee path) 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 foot is $ 18.8005 3. It is hereby found and determined that the construction and installation Osaid aforedescribed improvement is in the public interest and in furtherance of public Op health and sanitation. O Q 4. The "Developer" hereby agrees and covenants to convey, transfers and assign 040 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 whomsoever; 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 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 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 `v Office immediately upon execution thereof and all costs of recording shall be the CDCD responsibility of the "Developer". 1D O DATED THIS jY DAY OF 19 rg CD GD CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER: ,4 BY: ipC At./ / 1 • �� � �P BY: � MAYOR , ie BY• BY / /1 ,.e,.-.ACL CITY CLERK CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this 313r day of ,D+P.tDm,il , 198(c, On this day personally appeared before me before me personally appeared ] S ' L. Pie fro .e 04Lev c1 (kmd litakike_, Z. U1e-for , to me known to (Grantor(s) be the ( Mayor, City Clerk -7O1`''" W• H Kee-AA_ ' 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 /$A- day of £ p.t4 a l' , 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. aanlik4J117-1614bSa Notary Public in and for th Stat of Sig f turf 44-,p7., ,f Of icer Washington, residing a ,„z , f�, .'it.. .,, NO ail A.ttilifil,fx. and for the State 1tJf Y4r . ,. 6 Z -04,. Washin:yc,n b je ;a.dini in Kl'� uauiw �0 9 !2 !'..1•..+ i ,4�f plc`� •�.... l 3 of 5 y � 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: "44" Renton Business Park Northwest PROJECT NO . : W-816 in RECIPIENT: John Pietromonaco and/or John W. McKenna, Jr. c0 BRIEF PROJECT DESCRIPTION : Installation of 477 L.F. of 12" D.I. watermain. O O and one fire hydrant and all appurtenances. N co TOTAL ASSESSMENT COST : $ 30,591.81 TOTAL ASSESSABLE FOOTAGE : 1,627.18 (Front Footage or Square Footage) TOTAL COST PER FRONT FOOT OR SQUARE FOOT : $ 18.8005 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 . ASSESSABLE LEGAL DESCRIPTION FOOTAGE ADDITIONAL CHARGE PLAT OF C.D. HILLMAN"S LAKE WASHINGTON GARDEN OF EDEN ADD. TO SEATTLE, DIV. NO. 3 VOL. 11, PG. 81 RECORDS OF KING CO. WASH. DAF: TRACT 182 330 L.F. $ 6,204.16 POR. TRACTS 183 and 184 LY ELY, SLY, and WLY OF ST. HWY #1. 305 L.F. $ 5,734.15 POR TRACTS 184 and 185 DAF: 137.94 L.F. $ 2,593.34 TR 184 LESS PORLY W OF ELY R/W SR 405 LESS POR LY S OF N R/W LN OF NE 44TH TGW POR OF TR 185 LY S OF LN BEG AT NE COR SD TR 185 TH S 00-56-18 W 367.36 FT ALG E LN SD TR TO TPOB TH N • 88-47-17 W PLW N LN OF SD TR 187 FT TH S 00-56-18 W 4 FT TH N 88-47-17 W 40.6 FT TAP ON ELY MGN SD HWY & TERMINUS SD LN LESS POR SD TR LY W OF ELY R/W OF SR 405 AKA LOT 2 RENTON LLA 015-82 REC NO 8301259003 POR TRACT 183 LY NLY OF STATE HWY #1. 854.24 L.F. ($16,060.16) DEVELOPER'S SHARE PRE-PAID, NOT ASSESSABLE. TOTAL $30,591.81 4 of 5 • RECEX, i..0 ,,i DAY EXHIBIT "B" JAN ii C7 44 1541 RBE.YeT01111,..:1 ,. ;4:1"1:' .' New waterline installed under a a a an arae* Jo' W-816 "4411-Renton Project. 4631 . O •will:, / . Li q Pe I %-(... 41 47 :a • T-7"" : ...../. 0 ,le fil)^ t1���t V ODW - .•11.7'' ..Tr tln♦.T f III .I.1 ,j ••' O iSE. 76TH ST ,r 1308.99 j ---T Co r 1%:,;141' 7" .e u,. 4. 0 „. ap 1 / .... • • ti•,,y A` ` , , �. • 7 1If•In•.)It, \ \./ .<<,o� 3 "i •/ �j OQQ ,, r . =/ ti �= 4 � � 0 ' ) • 4) 4' t' I= ' 18s s''""• 182 �QS 16T = 3 • 11 t 5 I.av , Z v. 7^ f n • A • •',•,., — I •1.•1•.. 7 • 1 I: •41 ' 7.1 1,1.1,11 ;� 1%.,O�t� ,n.•,..a. ` ^ 1 : 8 N . 'a: $6,204.16 �.,. ,.,. o, 0 ii ( «< rn In OM $2,593.34 ' � DEVELOPER'S SITE VC 111 ?'c a'•e';:. ' I ($16,060.16) . •NORTH , f 1 � i .1 114.14-77. 474•. 1t Iti ii /WO ler S1µ i{', 00 +h ;: w , N.E. 44th ST. o �` O : ' N I', V', ct ,. • 184 183 .... \ 166 / I : $5,734.15 orf iox — \ \ i \: t 4 0 • 1' I r‘ •.1 /1• 1*,11 1tt . . . . c • 1 0' = • ••• = in 130$.74I SE. 80TH ST. ,, U r• ./ • • 1 Sheet 5 Of 5 j S.E.1/4 Sec. 29 twp.24 R 5 EWM I, 1 • .. . t 1