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HomeMy WebLinkAboutLA 6657125 —�, C . 6657:125 �''c74�. /4 '/3 - �7'D (1,1 I ,,PAGE 156 AGREEMENT AND CONVEYANCE REQ WATER MAINS AND APPURTENANCES THIS AGREEMENT made and entered into this 2 7th. day of lay: , 1970 Nby and between the CITY OF RENTON, a municipal corporation of the second class under fes- the laws and statutes oft State. of Was in tton her inaft r f rppt� tto City LC) t ILW'h12twtTfandd SnOrie LOVE°,g nis'� wire and G IeL� Al`�I J. 'NEIL� 'VIOLA T. and O.-M.B. investment C6mpany hereinafter referred to as H. Developer _ WITNESSETH: WHEREAS Developer is desirous of installing certain water lines and appurtenances thereto at, near or within the hereinbelow described property and to connect same to the City's Water 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 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 Facilities Act, (RCW 35.91 .010 et •seq)"; and WHEREAS `11PN,P1npPr 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 . Developer hereby acknowledges and covenants that he is the owner of the following described property, to-wit: Portion of the Southwest quarter of the Northeast quarter of Section 24, Township 23N, Range 4E, W.M., lying West of a line 854 feet West of the East line of Subdivision;Northerly of Primary State Highway #l;and Southerly of a line running North 77°29'12" East from point 348.27 feet North of Southwest corner of Subdivision, less Puget Sound Power & Light Co.right-of-way (T.C.O. 12-809) and hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 905 Lineal Feet of 10" Cast Iron Water Main in S.W. Grady Way (Renton Junction Way and/or Secondary State Hwy 1-L) between an existing 12" Cast Iron Water Main located approximately 300 feet Westerly of existing Drainage District #1 Ditch to a point in the Northerly portion of "B" Line Right-of-Way of Primary State Hwy #1, (Jct S.S.H. #5-M to Jct PSH No. 2 in Renton) approximately 230 Lineal Feet Northerly .of said S.W.Grady Way and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. DevPlnPPr 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 beveloper expense, and npv.1bp .r covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. VOL 374 pAu157 2. ry 1Cppr further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 10 ,273. 02 . Based on said total amount of cost, llxtxpexxgiiuexxbu the cost per front lineal foot (strike out the inapplicable part) of said improvement shall be employed to determine the pro rata reimbursement to Developer by any owner of real estate, who did not contribute to the original cost of such LieD improvement, and who subsequently wishes to tap into or hook unto or use said facili- R ties, which tap or hookup shall include connections to laterals or branches connecting thereto, all subject to the laws and ordinances of the Cityof Renton and the provisions `0/ 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 said aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. 4. 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 encumbrance of any party whomsoever; City agrees to accept and maintain said improvement as part of its present Water Main System upon approval thereof by the City Engineer or Superintendent of Utilities and after inspection of said construction. Developer futher 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. 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 extensions thereof during the period of 7 1/2 years from date hereof, without first paying unto the City, in addi- tion 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 :mount required by the provisions of this contract. All amounts so received by the City shall be paid out by it unto Developer under the terms of this agreement within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or connection is made into any such contracted facility, without such payment having been -2- vOL 3 4 PAGE `r . first made, the legislative body of the City may cause to have removed such un- authorized 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 liesility on the part of the City whatever. It is further agreed and covenanted that upon expiration of the term of this Agreement, to- wit: 7 1/2 years from date hereof, City shall be under no further obligation to collect or make any further sums unto Developer (NiLO 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 to such in 'D improvement, shall be final and conclusive in all respects. 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 improvements to he undertaken and paid for by Developer have been or are about to be connected with the water main 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 water system. 8. 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 Developer Dated this • V Th day of April 197Q me. CITY OF RENTON, a Municipal Corporation Owner(s) M. B. Investment Company By: '— . A-7: Ati , By: '-.------A1-11- e-.) ...411r- - //: ' , >:�A .j •t. t� t By: _tay-t,...t „..........,t5, 61..--34.,t_A-A 1.7.• : � • # ty Clerk a STAT cf ' I'fAS�F,I I�GTOPJ)L -; 1 '� ..) �.3 - i • a... COUNT' ;Of;£ING,,,t- - -,4''a;iP- On thi" •aq: 45;P =..lv : vSeared before me Avery Garrett & Helmie Nelson to me know^ °Y` i70 ,;. e City Clerk respectively, of the municipal corporation' -ice{•- 'ecuted the within and foregoing instrument, and acknowledged said in- strument to he 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 cornora e seal of said corporation. GIVEN under my hand and official seal this _27 r' day pf 7j,- 7_._. lF ? .��`�t�4��'-J$.Ga� 1 Notary/Public in and "for the State of .. Washington, residing at i —•-_-- 4;. eta• O !it -- w.. ,•'. I . '..-T>` 'R v : ;,� o -3- p s+ Vii.« „,,�4t ••F' ..- -4, ' OF VOL 374 PACE 150 < i " • • 7 - STATE OF WASHINGTON) )ss ", COUNTY OF KING ) On this day personally appeared before me 'CA/ ° `� and ���� to me known to be the 3-Y7/1 .1) and C% respectively of the $otat =onhat 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 the (?) day of 'J111 fir;rte. CfA a ss s - - Notary Pub is in and for the Sta a of x� ` " � '�. Washington, residing at 47414W INS • • • -4- Filed for Recorr0 �4 Request f -e Oi EDWARD . LOGAN, Retordet *• wf---- RF , . i . ..11.111-'3270 i 0 0 0 5 5 6657125 5.00, . . , • 4 '•.4... . ---.? : . *I ( 4 , • . . - , : • : . ••• ( • : n .! ... ?‘ Tr 0 t, , e 4 III'-- ' .. :. .. " ......... „ . .-• ...„ • • ____----------- ( I )( 9ln Aie-- 9-6 R , ,,......, II )17,3• . -. 1,-c3 rT1 -.4 •••. C •r-c”, 1.1 CJ ---- C . ED rn c) I—P C3 1,..4 • Vs -.." -..a .. 0 4. i CZ) . r•• ' .' ` - " r)-Nr ',f 1 1 i - 1 ) 1 r., it• k-t.., 11.)! , I . Nk, --.. t'll 4 . - ..1 C:" co *4 41 ' 4...) •, ro ca czo-i . , —ri—ItDc. :- _ IN) OFFICE OF TH CITY>CLEW 3-• '''' , ..- .,.„, .. . ,- t jvi' 5-,---;-',r-' -RENTO1TMUNICIPAL BLDG'. .- C° 200 MILLAVE. SOUTH' ....... .- •-• ---' '----RENTON, WASH. 98055 - 0 (.) .. .,., : .. az -, P.'• C.,...., . , .8.. 7. . . ......4 . ...-- _.:.