HomeMy WebLinkAboutLA 9208060612I
LA-U-002
Assessment District 92-03
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Project Number W-2018
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LATECOMERS AGREEMENT L`
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THIS AGREEMENT made and entered into this ..44,4(--,-day of_‘12",1-12:t , 19 3-
by and between the CITY OF RENTON,hereinafter referred to as"CITY,"and Thomas
W. and Laura Little 320 Maple Ave NW, Renton, WA 98055 hereinafter referred to as ;
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"DEVELOPER"; m
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WHEREAS, the 'DEVELOPER" is desirous of installing certain water systems, sanitary «
sewer systems, storm water drainage systems, and/or street improvements including -
signalization and lighting, and appurtenances thereto at, near, or within the 1,:
hereinbelow described property and to connect same to the "CITY'S" utility or road
system(s)so that such improvements will constitute an integral part thereof; and
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,.D WHEREAS, no other property owners or users are presently available to share in the
Qcost and expense of construction of such improvements, and the parties hereto
C,Q having in mind the provisions and terms of the "Municipal Water and Sewer Facilities
N Act" (RCW 35.91,020 et seq) and street latecomers' legislation (RCW 35.72.010 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;
See Exhibit"A"
and the'DEVELOPER"hereby agrees and covenants to cause to have installed the
following described improvements, to-wit:
Installation of 200 L.F. of 8" DI, CL 52 watermain, one fire hydrant and all
appurtenances in Maple Av.NW., south of vacated NW 3rd Place, per Water Plan
W-2018.
LATECOMER'S AGREEMENT- 1
92 43O/AMH/bh
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and such installation to be made in full compliance with all applicable codes and
regulations of the"CITY." 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"harmless from any liability in connection
therewith.
2. The "Developer* further certifies that the total cost of said construction as
hereinabove specified is $12,431.22. See Exhibit"$"attached hereto for the legal
description of the lands affected by this latecomer agreement, and see Exhibit"C"
attached hereto for the map showing in outline the land affected by such
additional charges per the terms of this agreement.
The total amount of the cost 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
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� subsequently wishes to tap into or hookup to or use said facilities, which tap or
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hookup shall include connections to laterals or branches connecting thereto, all
subject to the laws and ordinances of the "CITY" and the provisions of this
Agreement.
The method of determining latecomer payments shall be on of the following:
X a- front foot method
b. zone front foot method
c. square footage method
d. contract method
e. trip generation(traffic)method(if applicable)
f. other equitable method
g. any combination of methods a through f.
(check the applicable method of assessment with an"x")
The pro rata cost is$31.07975 per front lineal foot.
LATECOMER'S AGREEMENT-2
92-430/AMH/bh
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3. It is hereby found and determined that the construction and installation of said
aforedescribed improvement is in the public interest.
4. The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign
unto the "CITY" all rights, interest and title in and to said improvements and all
appurtenances 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 system 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 Sale 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 charges or
other charges as may be imposed by the "CITY" for use of the improvements for
(NJ which this agreement is granted.
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5. 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
COimprovement and to allow service connections to be made to said extensions or
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additions,without liability on the part of the"CITY".
6. No person, firm,or corporation shall be granted a permit to use or be authorized
to tap into the facility 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, or for street, signalization, and lighting improvements,
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 thirty(30)days after receipt thereof, less a 15%processing fee.
Furthermore, 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,
ct'on
and all connections or related accessories located in the facility or
or connection,
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
LATECOMER'S AGREEMENT- 3
92-430/AMHJbh
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wit:Ten (10)years from
that upon expiration of the terms of this Agreement; to
date hereof, plus extension if granted by City Council, "CITY" shall be under no
further obligation to collect or make any further sums unto the"DEVELOPER."
The decision of the Director of Public works or his authorized representative in
determining or computing the amount due from any benefited owner who
wishes to hookup 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/transportation 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 or transportation systems.
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8. This Agreement shall be placed for record with the King County Auditor's Office
within thirty C30)days of final execution of the agreement.
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9. Before the"CITY"will collect any latecomer's fee, the "DEVELOPER" will transfer
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tT title to all of the Improvements under the latecomer's agreement to the "CITY."
the "DEVELOPER" will also assign to the "CITY" the benefit and right to the
latecomer's fee should the"CITY" be unable to locate the"DEVELOPER"to tender
any latecomer's fee that the "CITY" has received. The "DEVELOPER" shall be
responsible for keeping the "CITY"- informed of its correct mailing address.
Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a
latecomer's fee, the "CITY" shall undertake an independent investigation to
determine the location of the "DEVELOPER". Should the "CITY," after a good
faith attempt to locate the "DEVELOPER" be unable to do so, the latecomer's fee
shall be placed in the Special Deposit Fund held by the"CITY"for two years. At
any time within the two year period the "DEVELOPER" may receive the
latecomer's fee, without interest, by applying to the "CITY" for that latecomer's
fee. After the expiration of the two year period, all rights of the"DEVELOPER" to
that fee shall expire, and the "CITY" shall be deemed to be the owner of those
funds.
LATECOMER'S AGREEMENT-4
92-430/AMH/bh
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10. When the "CITY" has received the funds for a latecomer's fee, it will forward that
fee to the "DEVELOPER" within thirty (30) days of receipt of the funds. Funds
received by negotiable instrument, such as a check, will be deemed received ten
(10) days after delivery to the "CITY". Should the "CITY" fail to forward the
latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then
the "CITY" shall pay the "DEVELOPER" interest on those monies at the rate of
interest specified in City Code Section 3-241 (B). However, should the
"DEVELOPER." not keep the "CITY" informed of its current correct mailing
address, or should the "DEVELOPER"otherwise be negligent and thus contribute
to the failure of the "CITY"to pay over the latecomer's fee, then no interest shall
accrue on late payment of the latecomer's fee.
11. When authorized by the City Council, a latecomer's agreement can be extended
for a period of up to five years. The extension will be granted upon written
0.1 request for such extension made by the "DEVELOPER" prior to the expiration of
the agreement. The latecomer's agreement will expire at the end of the ten year
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period of item or, if extended, at the end of the extended period of time, but in
CO no event shall the latecomers agreement be of more than 15 years in duration.
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• (T 12. By instituting the latecomer's agreement the"CITY"does not agree to assume any
responsibility to enforce the latecomer's agreement. The assessment roll will be
a matter of public record and will serve as a notice to the owners of the potential
assessment should connection to the improvements be made. The"DEVELOPER"
has responsibility to monitor those parties connecting to the Improvement.
Should the "CITY" become aware of such a connection, it will use its best efforts
to collect the latecomer's fee, but shall not incur any liability should it
inadvertently fail to collect the latecomer's fee.
LATECOMER'S AGREEMENT S
97.430/Mill/bh
Dated this day of, at U i if9+)' .
iiiir • 0
CITY *F ' ' ON DEVELOPER
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By: a► _► By:
V ayo
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By: dr AO,!,..1..,e, ..‘091 '#/ ' By: Alli, Ai _fvAO
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City C � _
CITY
OF REI TON DEVELOPER
STATE OF WASHINGTON ) STATE OF WASHINGTON )
) ss ) ss
COUNTY OP KING ) COUNTY OF KING )
On this_21.1_.--4 day of A 46-st, 192, On this day personally appeared before
before me personally appeared me-oh,mos t-fT 4-N P
Irl CAA,„.. and 1na,:i....$+-ats to - Acil eti L Lrak-
me known to be the l>7�•yor and (Grantor/s)to me known to be the
CV C+1 Oar -of the municipal individual(s)described in and who
0 corporation that executed the within executed the within and foregoing
and foregoing instrument,and instrument, and acknowledged that
acknowledged said instrument to be the 7l�EY -signed the same as 7 !iC -
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free and voluntary act and deed of said free and voluntary act and deed for the
Cal municipal corporation for the uses and uses and purposes therein mentioned.
Cr", purposes therein mentioned,and on Given under my hand and official seal
oath stated that he/she was authorized this 2 day of JL10 , 19_92-
to execute said instrument and that the
seal affixed is the corporate seal of said
Signature of Officer :iii fficial Seal
municipal corporation. ',..
IN WITNESS WHEREOF,I have hereunto
set my hand and affixed my official seal Notary Publi tifltd for th State of
the day and year first above written. Washington, residing at 1
My appointment expires:l t --1- %,s-
Si: �ure&Title of Officer
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a q/` 01.44.A.4...No I. I 1,611c in and for tate of
Washington, residing at
My appointment expires: R /x9/9s`
LATECOMER'S AGREEMENT-6
92-43o/AMEU/bh
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EX1IXBIT"A"
Little Latecomer Agreement W-207.8,Assessment District 92-03
DEVELOPER'S PROPERTY
Name/Address Legal Description
Laura&Thomas W. Little KING COUNTY TAX ACCT#420440-0206
320 Maple AV NW Tract 46, N.I . Latitner's Lake WN Plat,as recorded in
Renton, WA 98055 Vol 06 of Plats, page 70, Records of King County WA,
together with portion of vacated street adjacent, less
north 45 ft and less east 140 ft.
Developer's pro-rata share of improvement cost under terms of this latecomer
agreement for above described parcels is:
$31.07975'x 131 ft. ft. = $4,071.45
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LATECOMER'S AGREEMENT-7
92-429.DOC/ANH/bh
EXHIBIT"B5
NOTICE OF ADDITIONAL WATER OR SEWER
FACILITY TAP OR CONNECTION CHARGES
REQUIRED BY RCW 65.08.17(3)
(RCW 35.92.025)
MUNICIPALITY - CITY OF
RENTON, WASHINGTON -
FINAL ASSESSMENT ROLL
Watermain Improvement Latecomer
ADDITIONAL TAP OR Little, rove
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CONNECTION CHARGE PER: Agreement/Assessment District No.92-03
PROJECT NO: W•2018
RECIPIENT: Thomas W. and Laura Little
BRIEF PROJECT DESCRIPTION: Completed Installation of 200 L.F. of 8" DI, CL52
Watermain, one fire hydrant and all appurtenances in
Maple Ave N.W., South of Vacated NW 3rd Place
TOTAL ASSESSMENT COST: Final Cost Watermain Improvements $12,431.90
<NJ METHOD OF ASSESSMENT: Front lineal foot
aASSESSABLE FRONT FOOTAGE TOTAL COST(divided by) $140031per-$31.07975 Total Cost fr. ft.
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CD If there is any question regarding the paid or unpaid status of the following
O assessments,please call the City of Renton,Property Management at 235-2631.
Ownership Legal Description Front Assessment or Additional
Footage . Charge
PARCEL NO, 1 KING COUNTY TAX ACCT 11420440.0200
Frank Bennett P Tract 45, N.H. Latiatcr's Lake WN Plat, as recorded in 200' $6,215.95
522 SW Langston Rd Vol 6 of Plats page 70.records of King Co.Washington
Renton.WA 98055 and portion of Vacated Streets adjacent
PARCEL NO.2 KING COUNTY TAX ACCT$420440-0201
Coffin,Joanne M . N.45 ft and S 1/2 vacated street adjacent Tract 46,N.H. 69' $2,144.50
321 Taylor Ave NW latimer's Lake WN Plat, as recorded in Vol 6 of Plats
Renton,WA 98055 page 70,records of King Co.Washington r
Developer's Parcel See Exhibit"A" 131' <$4,071.45>'
TOTAL ASSESSABLE FRONT FOOTAGE I 400'
SUBTOTAL ASSESSMENT COST OF RECOVERY $8,360.45
LESS 15%PROCESSING FEE DUE CITY OF RENTON $-1,254.06
$200.00 CREDIT FOR DEPOSIT $+200.00
TOTAL POTENTIAL LATECOMER FEE DUE DEVELOPER $7,306.39
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*This sum Is developees pro-rata share of cost of waterline,which has been pre-paid and is not assessable under the terms of'this latecomer
agreement.
LATECOMER'S AGREEMENT-8
92.429.DOC/AMH/bh
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EXHIBIT "C"
LITTLE LATECOMER AGREEMENT MAP
WATERLINE IMPROVEMENTS IN
MAPLE AV NW, SOUTH OF NW 3RD PL
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PORTION NW% 18-23-5 '• — '''; a - ti's* _,... •r• ..., I.,•• ..A.' .....,.
....... LATECOMER BOUNDARY NEW 8" WATER LINE
DEVELOPERS PROPERTY ———— EXISTING WATER LINE
LATECOMER'S AGREEMENT-9
92_430/Amwbh
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STATE OF WASHING AI,Efo's, ,a ,,
1101
County of King
The Director of Records kgrealblo, King County, State of
Washington and exofficio RecOrslef of Deeds and other
Instruments, do hereby certify-the foregoing copy has been
compared with the original instrument as the same appears
on file and of record in the office, and that the same Is a true
and perfect transcript of said original and of the whole thereof.
Witness (rpy h: . ,. d official seal this ----day
OC f - .•
of 19
IX ector o : :cords . El-, r' s
B -.IF011P " ' r---",.
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7 Deputy