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_ if AGREEMENT AND CONVEYANCE En '~'= �-1 ' L, '=' 1`-e
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BLDG. RE: UTILITIES SYSTEMS
1'tEt1YO I,V A 33555
THIS AGREEMENT made and entered into this 22nd day of February 1988
optional munici al code class
by and between the CITY OF RENTON, a municipal corporation of the xix under the
laws and statutues of the State of Washington, hereinafter referred to as "CITY" and
Lyle L. and Ila M. Barger hereinafter referred to as "DEVELOPER";
WITNESSET H:
WHEREAS "The Developer" is desirous of installing certain waterla0Mt4'x lines and
appurtenances thereto at, near, or within the hereinbelow described property and to
on connect same to the City's Utility System so that such improvements will constitute an
Q integral part thereof; and
sf WHEREAS no other property owners or users are presently available to share in the cost
'4 and expense of construction of such improvements and the parties hereto having in mind
01
Q the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to
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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;
Portion of Lot 7, Martin's Acre Tracts Unrecorded; described as follows; the East 311.56
feet of the South 135 feet of the North 1/2, of the South 1/2, of the SW-1/4, of the NW 1/4,
of the NW 1/2 of Section 15, Township 23 North, Range 5 East, W.'M. ; also known as Lots 2,
3, & 4 of King County Subdivision Application #7051
and the "Developer" hereby agrees and covenants to cause to have installed the following
described improvements, to-wit:
625 L.F. of 8" D.I. water pipe in NE 2nd Street, beginning at Union Aye; NE (132nd Aver SE)
running East.
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 $ 11,740.00
See Exhibit "A" attached hereto for the legal description of the lands affected by this
See Exhibit "B"
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) .
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Based on said total amount of cost, the costs perkVANN1144tItaftWWWIr front
lineal foot Mid ? •.%� .r:e2 ._,:n.•t ••-Y" ),:,* 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
(D include connections to laterals or branches connecting thereto, all subject to the laws
0 and ordinances of the City of Renton and the provisions of this Agreement. It is
P4 hereby further agreed that in the event the total actual cost of the aforedescribed
e4 improvement shall be different from that set forth hereinabove, then this Agreement
Owill be duly amended to set forth the total actual cost thereof. The pro rata cost
GD per front lineal foot is $ 11.45545
00 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
*W-505 Barger Latecomer Agreement will expire September 15, 1995
per City of Renton Council Minutes dated October 12, 1987 (Page 323)
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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.
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O 8. This agreement shall be placed for record with the King County Auditor's
4'4 Office immediately upon execution thereof and all costs of recording shall be the
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responsibility of the "Developer".
cn
CD DATED THIS icr DAY OF l9g
00
00
CIT TaRENTON, MUNICIPAL CORPORATION DEVELOPER:
BY: 00&, BY: 1.-. & i� r . , ,.:.
MAYOR011iI
BY:�79 71� f , BY: e'` - � /
CITY CLERK
CITY OF RENTON DEVELOPER
STATE OF WASHINGTbN ) STATE OF ARTZON4 )
) ss ) ss
COUNTY OF KING ) COUNTY OF Y UMA )
On this a7o2ka day of --1"..../,4‘„u0 , 19h�, On this day personally app ared before me
before me personall a peared1 e _ �� _i
�i . e_ • �el to me kno (Gr C lator(s)
be the ( Ma oity Clerk `7t?/
Cvhot C 1. 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
g g 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 ,ffth day of , l9 R8.
seal of said municipal corporation.
, / 0-
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal the Signature o cer nd official seal
day and year f' e above written. out,,,
Signature& C1�tle of Officer Notary Public .in .rrd` .f.o,r,'�',t e. S�taate of
% ngto r 14114 t�r/ ✓!!i k-
r400 �•l�>! Qe1Ol1�L)
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stat Puh" ic., in and for e Stpteof
=,Ta�skiingtoi3; `regiding in ,{ -A./
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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: Barger Latecomer Agreement
PROJECT NO.: W-505
RECIPIENT: Lyle L. Barger and Ila M. Barger
BRIEF PROJECT DESCRIPTION: Installation of 625 ft ± of 8" D.I. Watermain and all appurtenances in
NE 2nd Place, east of Union Ave. NE
TOTAL ASSESSMENT COST: $11,740.00
CO TOTAL ASSESSABLE FOOTAGE: 1,024.84 L.F.
(Front Footage or Square Footage)
TOTAL COST PER FRONT FOOT OR SQUARE FOOT: $ 11.45545
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.
00
CO ASSESSABLE ADDITIONAL
OWNERSHIP LEGAL DESCRIPTION FOOTAGE CHARGE
PARCEL NO. 1 ACCOUNT NO. 518210-0070 30.0 L.F. $ 343.66
BOZEMAN ERNEST 0 MARTINS ACRE TRS UNREC
224 UNION AVE NE E 30 FT OF W 162 FT OF S 85 FT OF
RENTON WA 98056 N 1/2 LESS C/M RGTS BEING DAF
E30FTOFW 162 FTOFS85FTOF
N 1/2 OF SW 1/4 OF NW 1/4 OF
NW 1/4 STR 15-23-05 LESS C/M
RGTS
PARCEL NO. 2 ACCOUNT NO. 518210-0069 222.28 L.F. $ 2,546.31
WOODALL WENDALL & MARTINS ACRE TRS UNREC
WOODALL ROSE L S 172 FT OF N 1/2 OF TRS 7 & 8
248 UNION AVE NE LESS E 264 FT & LESS N 87 FT OF
RENTON WA 98056 W 146 FT & S 85 FT OF W 162 FT &
LESS C/M RGTS
PARCEL NO. 3 ACCOUNT NO. 518210-0068 264.0 L.F. $ 3,024.23
WOODALL WENDALL & MARTINS ACRE TRS UNREC
WOODALL ROSE L E 264 FT OF S 172 FT OF N 1/2
248 UNION AVE NE LESS C/M RGTS
RENTON WA 98056
PARCEL NO. 4 ACCOUNT NO. 518210-0078 62.0 L.F. $ 710.24
McELDOWNEY BEVERLY MARTINS ACRE TRS UNREC
4103 NE 2ND PL E 62 FT OF W 202 FT OF N 1/2 OF
RENTON WA 98055 S 1/2 LESS N 30 FT
PARCEL NO. 5 ACCOUNT NO. 518210-0077 60.0 L.F. $ 687.33
DUBOSE EDGAR L & MARTINS ACRE TRS UNRED
DUBOSE WYNDIE A E 60 FT OF W 262 FT OF N 1/2 OF
4109 NE 2ND PL S 1/2 LESS N 30 FT
RENTON WA 98056
SUBTOTAL $ 7,311.77
*$ 4,428.23
TOTAL $11,740.00
*DEVELOPER'S PRO-RATA SHARE
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