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HomeMy WebLinkAboutLA 6690337 ___.�'C—" 6690337 `'= �» vot p' PACE123 AGREEMENT AND CONVEYANCE RE SEVER LINES AND APPURTENANCES / 97g THIS AGREEMENT made and entered into this ,gypday of •1 ie.wad r" by and between the CITY OF RENTON, a municipal corporation of the second class under Cr) CDthe laws and statutes of the State of Washington, hereinafter referred to as "City", and Rudy Zaputi 1 and Lewis Purcell hereinafter referred to as " Developers 'I; WITNESSETH: WHEREAS Developers are desirous of installing certain sewer lines and appurtenances thereto at, near or within the hereihlielov described property and to connect same to the City's Sanitary Sewer System so that suchimprovements will 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 end terms of Chapter 261 of the 1959 Sessions Laws, generally referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91.010 et seq)"; and WHEREAS Developers are willing to pay all the costs and expensesfor the installation of said improvements; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1. Developers hereby acknowledges and covenants • that they, are xxxx the ownersof the following described property, to-wit: McKnights Heights, according to the plat recorded in Volume 71 of Plats, page 38, records of King County, Washington. and Developers hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 629 L.F. of 8" concrete sanitary sewer main and appurtenances lying 4 feet westerly of the centerline of Edmonds Avenue Northeast from a point 14 feet south of the centerline of Northeast 16th Street to a point 4 feet south of the centerline of N.E. 18th Street. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. Developers further covenants and warrants that all expenses and claims in connection with the construction - 1 voL PACE124-t. r • 4 and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at Developers expense, .r,s. and Developers covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. Developers further certifies that the total • estimated cost of said construction as hereinabove specified will be in the sum of iivj M CD $ 3,863.03 . Based on said total amount of cost, or '.0 the cost ;cr front lineal foot (strike out the inapplicable Fart) of said improvement shall be employed to determine the prorate reimbursement to Developers 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. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. 4. Developers hereby agrees and covenants to convey, transfer 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 encumbrance of any party whomsoever; City agrees to accept and maintain said improvement as part of its present sanitary sewer system upon approval thereof by the City Engineer and after inspection of said construction. Developers further agrees and covenants to execute and to deliver unto 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. Developers further agrees and covenants to pay unto 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 - 2 • VOL• 459 PACE 125 to tap into, hookup unto or use any such facilities or extensions thereof during the period of 5 years from date hereof, without first paying unto City, in addition to auy and all other costs, fees and charges made or assessed for each tap, hookup or use, or for the sanitary sewer facilities constructed in connection therewith, the amount required by the provisions of this contract. All amounts so received by the City shall N ^'7 be paid out by it unto Developers under the terms of this agreement M. Cr. within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or �.D `n 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 tile 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, to-wit: 5 years from date hereof, City shall be under no further obligation to collect or make any further sums unto the Developers The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup or tap unto such improvement, shall be final and conclusive in all respects. 6. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by the Developers have been or are about to be connected with the sanitary sewer system 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 sanitary sewer system. 7. This agreement shall be placed for record with the King County Auditor's office immediately upon execution thereof and all costs of recording shall be the responsibility of Developers �/,(� /970 DATED this o2#O day of / , f, , CITY OF • NTON, a Municipal Corporation By 1 By 4 �Lfii�C- By A, %r "" ) ie. ,_}7 C 1 CLaki444 . t!) Q`4 ' - 3 - .' 1.7 ♦ ," r J 1 �� PAGE 26 • VOL ` c, j - ti STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1970 On this 2nd day of September , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Avery Garrett and Helmie Nelson to .::... .to be the Mayor and City Clerk , respectively, •:4;\1,;A: ;7;-_,• _>''c of Renton the corporation that executed the p i •i ment, and acknowledged the said instrument to be the free and Cs `, .),Sitl4r . t ,p-t'�d deed of said corporation, for the uses and purposes therein ikelyt ', a ``agd Ann oath stated that authorized to execute the said grtamerad , hat the seal affixed is the corporate seal of said corporation. • ' ;9 �� uTtgapSS my hand and official seal hereto affixed the day and year in thr f dettate above written, JE� ' ..No 'a,ry 'Pubic in and for the State ` ofd Washington, residing at Renton. STATE OF WASHINGTON ) J - ' •• • ) as COUNTY OF KING ) ,p /9 ' On this,9/- day of ,/rev per v s, , MO, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared f'a o/ •Z IA; ri s Fa',S /''A2 cF./4 to me known to be the . , individualsdescribed in and who executed the foregoing instrument, and acknowledged to me thatTf//7 signed and sealed the said instrument asr//F,e._free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at Renton. AvaSItM 1A4 r" * 31761)4 3• V V I 0 ICY_. mss. - 4 - p Filed for Record �,,'7¢��--_1_97D I.Z:?�(P 1 •M� Request of IR• / EDWARD 1. LOGAN, Recoraew