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HomeMy WebLinkAboutLA 8805190550 I ‘. W-846 • . AGREEMENT AND CONVEYANCE RE: UTILITIES SYSTEMS THIS AGREEMENT made and entered into this /9 - day of - 4r. 19 . optional mun ►� ic a ^cod�ederat e by and between the CITY OF RENTON , a municipal corporation ot1 the s laws and statutues of the State of Washington, hereinafter referred to as "CITY" and KENCO SALES, INC. hereinafter referred to as "DEVELOPER" ; WITNESSET H: WHEREAS "The Developer" is desirous of installing certain watermmosemm 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 5), as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and 74WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation gof said improvements; 0 NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES GO AS FOLLOWS: 1 . The "Developer" hereby acknowledges and covenants that he is the owner of the following described property, to-wit; The North 240 feet of Parcel "B" of City of Renton Short Plat No. SP 379-79 recorded under King County Recording Number 7909249002: Also known as the South 240 feet of the North 410 feet of Lot 2, Block 1, Burlington Northern RR;,:gri..`icti >i iFiFi0 D Orillia Industrial Park of Renton Division 1, Recorded in RIEcr.., F 9. rin Volume 108, Pages 12 and 13, Records of King County, CAwH.-L. 4:4:4::3:�4a Fin Washington. 11 and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of approximately 1,088 L.F. of 8" and 20 L.F. of 6" D.I. watermain, two (2) fire hydrants and all appurtenances installed under City of Renton approved plan No. W-846 for Kenco Project at 3001 East Valley Highway, 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 $48,158.55 See Exhibit "A" attached hereo for the legal description of the lands affected by this latecomer agreement or exhibit sl�o ."B". 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) . HIED FOR RFCCR 3 AT REALEST Of :0m MC �� PI �-i C) ' ri eFly;: of 1"N , EE VI c)(4, {TF R€ibOti, VA 53055 . -<�'{' y �; PAGE 1 OF 5 :�- x« • Based on said total amount of cost, the costs perxfx ;trxxK front lineal foot 4X433f..itigovoctxtbacx.inttpprer:Faysbraceoptisx0x 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 CD 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 CD hereby further agreed that in the event the total actual cost of the aforedescribed '4 improvement shall be different from that set forth hereinabove, then this Agreement Q will be duly amended to set forth the total actual cost thereof. The pro rata cost QD per front lineal foot is $ 30.0054 GO 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 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 PAGE 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 0 such connection and acceptance by the City through its legislative body, said extension VI 0 and/or improvement shall be and become a part of the municipal utilities systems. 0 Cr) 8. This agreement shall be placed for record with the King County Auditor's 0 Office immediately upon execution thereof and all costs of recording shall be the 0 responsibility of the "Developer". 00 DATED THIS' /9 —DAY OF `?7 19c d CITY Allt NTON, A MU CIPAL CORPORATION DEVELOP II / BY: ,i� �....♦ , BY: !�'�/�l� V� A YOR ` ` BY: BY: CITY CLERK CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) 44. On this 19 day of 4 , l98$ On this day personally appeared before me before me personally appeared -:, 4 of A 1Pauche.. b. Ma+Or , to me kno o (Grantor(s) be the ( Mayor, City Clerk &!ogr.T74 Alli.cr'RZL 0/1-Kw;,4(5 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.(Odescribed 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 Give under my ha". and .,. ficial seal t bs and that the seal affixed is the corporate day of 4, • / ' , 19;>O . 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. 4(4/1 414 Signature & Title of 0 ficer Notary Public in an: for State of J Washington, residing at Notary i '.lic in and for the State of Washing .n, residing in J./J ( A._,4:11 PAGE 3 OF 5 • h 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: City of Renton approved water plan for KENCO Proiect - 3001 East Valley Highway PROJECT NO.: W-846 0, RECIPIENT: KENCO SALES, INC. BRIEF PROJECT DESCRIPTION: Installation of approximately 1,088 L.D. of 8" and 20 L.F. Of 6" D.I. 117 watermain, two (2) fire hydrants, and all appurtenances intalled for Kenco at 3001 East Valley Highway. a, tri lr9 TOTAL ASSESSMENT COST: $ 48,158.55 TOTAL ASSESSABLE FOOTAGE: 1,605 L.F. Go (Front Footage or Square Footage) TOTAL COST PER FRONT FOOT OR SQUARE FOOT: $ 30.0054 per front lineal foot If there is any question regarding the paid or unpaid status of the following assessments, please call the City of Renton, Utility Engineering Department at 235-2631. ASSESSABLE ADDITIONAL OWNERSHIP LEGAL DESCRIPTION FOOTAGE CHARGE PARCEL NO. 1 PTN LOT 2 BLOCK 1 281.25 L.F. $8,439.01 125380-0021-00 BURL N ORILLA IND PK RENTON #1 PUGET SOUND PWR&LT PARCEL A OF CITY OF RENTON SHORT PUGET POWER BLDG • PLAT NO 379-79 RECORDING NO 7909249002 BELLEVUE WA 98004 SD SHORT PLAT DAF - LOT 2 BLK 1 OF BURLINGTON NORTHERN ORILLIA • INDUSTRIAL PARK OF RENTON DIV I PARCEL NO.2 PTN LOTS 2-3 BLOCK 1 281.25 L.F. $8,439.01 125380-0030-09 BURL N ORILLIA IND PK RENTON#1 BURLINGTON NORTHERN RR PARCEL B LESS N 240 FT OF CITY OF 2100 1ST INTERSTATE CTR RENTON SHORT PLAT NO 379-79 999 3RD AVE PROP TAX DEPT RECORDING NO 7909249002 AKA LOT 2 SEATTLE WA 98104 LESS N 410 FT OF BLK 1 OF BURLINGTON NORTHERN ORILLIA INDUSTRIAL PARK OF RENTON DIV 1-TGW LOT 3 BLK 1 SD PLAT -AKA LOT B OF CITY OF RENTON LOT LN ADJ NO 13-85 RECORDING NO 8511069006 • PAGE 4 OF 5 EXHIBIT "B" W-846 «, �J ..„.:.:•,,..“-. N — 0 5e, 40 1St •,,, 131'/.11 • " S W 27TH ST 154.85 a 1541f 275 Of u i I I sw ai" I Ne,.o 1551 I ay. i°° II 10 �° i I I • 1 . I ,I PCL. 8 1 Z 1 `21\5 A,°�5P° o" 1 `oe• ae t 1'50 I t A A I \.10' uzr1.e, A4 Nee•24 4,w N^ `I I �Q4 �� �Zh kr O el RAN S?0 j69OOi N AG eP A,� 66 o ��` e°°)O / ' I PCL.A ,1° O a ' op0I. a9u � o In �\ " .; I .o \� . K; rJ Oc('S.W. 29th Streetea'=+• i1+ uniszrrrrruauuiaar _, Vi —'j' 0 1513, a: •'e3 " 15e' $8,439.01 o rry�� I n, 9 :,e, PCI.. A A 1; O 41✓ > Cr) I' r 1 ^ 'rriaM1411 eii i,iu , I`I E�(25 I I I KENCO a 1, DEVELOPERS 1 1 i SITE 2 1n ° A e N 1 PLL O 1,1,1 N NORTH 1 �;" �, 5 �,. I„ r 1) ` 'e I 'I�t Rt(2 51'379• 79-1.,.. STR 30-23-5 ni1,0Pini(�f•1"nsl1(if II 1' 79092'19002 CENTER STR 30-23-5 iii '' 1 °:',;; �U°° 009° N $8,439.01 i...-/';', Vi 11 • 00 I / - l -- = =-Q'- ---0 I t ,, \ 9 2 2 PCL. [i • 1q r^' r REN.SP379-79-7909249002 I'j 000° °1° I1 a,--51 0,51 Z`' I.. 11 Rnnrilm0)04,11m n 1 I; I-, 1 s I 1• I 1 1 I : 3 A y„ ., w Q. 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