HomeMy WebLinkAboutLA 8010270481 AGREEMENT AND CONVEYANCE
RE : UTILITIES SYSTEMS
THIS AGREEMENT made and entered into this 12th day of September, 1980
-- by and between the CITY OF RENTON , a municipal corporation acting as a Non-
[[' Charter Code City, under the laws and statutues of the State of Washington,
hereinafter referred to as "City" and HUDCOR, INC. , a California Corporation, and
N WILLIAM E . ROBERTS and AILEEN V. ROBERTS,
CD hereinafter referred to as 'Developer" ;
CD W I T N E S S E T I-I:
WHEREAS "The Developer" is desirous of installing certain water lines and
appurtenances thereto at , near, or within the hereinbelow described property
andto connect same tothe City ' s Utility System so that such improvementswill
constitute an integral part thereof; and
WHEREAS no other property owners or users are presently available to share
in the cost 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 Facili-
ties 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 the is the owner
of the following described property, to-wit : A portion of Government Lot 2 and
of the NE 1/4 of the NW 1/4 of Section 36, Township 23 North, Range 4 East, W.M. , lying
easterly of West Valley Road and westerly of Puget Sound Electric Transmission Line R/W and
north of line which is 756 feet north of and parallel with north line of S.W. 43rd Street
(S. 180th St.) LESS State Highway. Also known as King County S.P. #346-79.
and the "Developer" hereby agrees and covenants to cause to have installed the
following described improvements , to-wit :
Approximately 540 l.f. of twelve (12) inch D.I. water pipe, one fire hydrant assembly and
all appurtenances pertaining to said water main, located along north property line of
Developer's property.
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 at the "Developer' s" expense ,
and the "Developer" covenants and agrees to hold the City of Renton harmless
from any liability in connection therewith.
• a;' ( F`r (I,LP,, RECORDS Ci LCTF(lu:
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Z. The "Developer" further certifies that the total estimated cost of
said construction as hereinabove specified will be in the sum of
$ 21,840.00 . Based on said total amount of cost , thwomxtemor
x/KKurnxiox»19or the cost per front lineal foot (strike out the inapplicable part)
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
.�d. hook unto or use said Caci.lities , which tap or hookup shall include connec-
0 tions to laterals or branches connecting thereto , all subject to the laws and
0 ordinances of the City of Renton and the provisions of this Agreement . It is
o hereby further agreed that in the event the total actual cost of the afore-
ap described improvement shall be different from that set forth hereinabove ,
then this Agreement will be duly amended to set forth the total actual cost
thereof.
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 appurtenances and accessories thereto , free from any claim and en-
cumbrance 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 improvement 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 , hookup unto or use any such facilities or exten-
sions thereof 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 , hookup or use , or for the water
main facilities constructed in connection therewith, the amount required
by the provisions of this contract . 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. Furthermore , in
case any tap , hookup or connection is made into any such contracted
* $12.20 per accessible front footage
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 1
Agreement , towit : Ten (10) years from date hereof, City shall be 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
0 determining or computing the amount due from any benefited owner who wishes
-- to hookup to such improvement , shall be final and conclusive in all re-
W spects .
6 . The 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 said water mains and to allow service connections to be made
to said extensions or additions , without liability on the part of CITY .
7 . It is further agreed and understood that the aforedescribed improve-
ments to be undertaken and paid for by Developer's
have been or are about to be connected with the Utilities Systems of the J
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 record-
ing shall be the responsibility of the "Developer" . c
DATED THIS 12th DAY OF SEPTEMBER 19 8O_
CITY OF RENTON, a Municipal Corporation DEVELOPER: HUDCOR, INC.
By :— GtcJ S 1n.‘r).i7ptas._ By:
Mayor
By : e
Deputy City Clerk William E. Ro r
STATE OF tiVAStiINGTON) � ��
s s /tom` �''.�."-
COUNTY OF KING ) Aileen V. Roberts
On this day personally appeared before me 4)',\,,q0, ^A '``' ""1:6-,
known to be l'1?'✓er jna ��`�-k1 ( Al `k‘°t respectively, of the municipal
corporation that executed the within and foregoing instrument , and acknowledged
said instrument to be the free and voluntary act and deed of said corporation
for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument and that the seal affixed is the
corporate seal of said corporation .
GIVEN under my hand and official seal this '2.13 tti day of 6Xo ;r 19'
Notary Public in and for the State oT
Washington, residing at ZevtotiA
1.
_...STATE OF OREGON,
( ss .
County of Multnomah.
CV On thisiT„e4 day of September, 1980 , before me , the undersigned ,
C-7a Notary Public in and for said county and state, personally appeared the
C) within-named WILLIAM E . ROBERTS and AILEEN V. ROBERTS , who are known to me
i
auto be the identical persons described in and who executed
instru-
ment and acknowledged to me that they executed the same feelythew and lvoluntarilyj
in the capacity and for the purposes therein set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial
seal on the day and year last above written.
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4 Mr 0",- Notary Public for Oreg o
My commission expires j- k
4
STATE OF CALIFORNIA,
SANTA BARBARA ( ss.
COUNTY OF_ )
ON SEPT$M IER_ 1980
before me, the undersigned, a Notary Public in and for the said State, personally appeared
RICHARD H. ROBERTS _, known to me to be the
President, #r 4v�€i g C
xxxxxxxxx of HUDCOR, INC.
N,,,,I,N,NN„ ,N,,,.�„X, ,„XX,,,N„ „„, the Corporation that executed the within Instrument, known to me to be the persons who
INIMIR,� , OFFICIAL SEAL
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
'� �? BETTY ANN B. TOMS to me that such Corporation executed the within Instrument pursuant to its by-laws or a
,ft.`• .1., NOTARY PUBLIC CALIFORNIA resolution of its board of directors.
>y PRINCIPAL OFFICE IN WITNESS my hand and official seal.
g SANTA BARBARA COUNTY
€ My Commission Expires May 4, 1982
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0 Notttarryy Public,4-:.
in
and for said State.
ACKNOWLEDGMENT—Corp.—Pres. & Sec.—Wolcotts Form 226—Rev.3-64