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HomeMy WebLinkAboutLA 6465454 51% 253 - - - C.A.G 1382-68- 6465454 382-68^6465454 67 D' AGREEMENT AND CONVEYANCE / REQ WATER MAINS AND APPURTENANCES i 4d6/ THIS AGREEMENT made and entered into this ,20 7919 day of 114. - , .0H ag by and between the CITY OF RENTON, a municipal corporation of th- second cl's under LID the laws and statutes of the State of Washington, hereinafter referred to as "City", qzt and Melvin Carl Carrothers and Wife Sara Kathleen hereinafter referred to as U) u Owner I' WITNESSETH:H: WHEREAS Owner '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 owner 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 . owner hereby acknowledges and covenants that he is the owner of the following described property, to-wit: See Exhibit "A" for legal description See Exhibit "B" for sketch of area and Owner hereby agrees and covenants to cause to have installed ' the following described improvements, to-wit: 634 LF of 6" C.I. watermain, a fire hydrant, and all necessary appurtenances, in S.E. 99th St. , East of 134th Avenue S.E. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. Owner 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 Owner expense, andOwne er covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. '5x.96 . 254 • _ .. 2. owner further certifies that the total y� estimated cost of said construction as hereinabove specified will be in the sum of ✓" $ 2795.80 . Based on said total amount of tost, 4A. .,est re, .,G,.� n•�, inthe cost per front lineal foot (strike out the inapplicable part) of said improvement shall be employed to determine the pro rata reimbursement to owner 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 facili- ties, 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 said aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. 4. Owner 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. owner 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. further Owi,er 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 S 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 o,,,,.,ex 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- Ai • • • 5196 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 liability on the part of the City whatever. It is �'n, 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 ftjrther sums Unto (hanAr 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 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 be undertaken and paid for by ownAr 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 owner • Dated this .1/ day of ..,_„,,,7174/:a4--71' , 19 . r-, �CITY TON, a t�l�a�i-c 4,1-oorporati on Owner; f l../ -Y ' tt PSG0'r BY: • hi' • =` — By: A ad perk STATE OF WAS , 01,W1 �) .�•. .pry `av )-S�. COUNTY OF KING °s ;�}°�TE D On this day personally appeared before me D. W. Custer and Hetmie Neiscn to me known to he 'Mayorad ,C' Clerk respectively, of the municipal corporation that xecuted the within and foregoing instrument, and acknowledged said in- strument to—We the free and voluntary act and deed of said corporation, for the uses and purposes t mentioned, and on oath stated that they were authorized to execute said instrumenlA €. 1`- t the seal affixed is the corporate seal of said corporation. GI VEitun1d*•'my-la- land official seal this 7-12 � day of � 196 l � - rte. • 41, Rti Nota y Public in and for the State of +++o+,,, Washington, residing at 45: 77- -3- ,t 51%. 256 . • • moi' STATE OF WASHINGTON) )ss in COUNTY OF KING ) daygcr personally pp "tip 5/s2 On this ersonall a eared before me /A-764vIA) CA2L CA' � /z5 A %% ✓,, C".a 2/�Thr etc S A/5to me to''be the individuals 'described i and who executed the within and foregoing ins-frt.) - T..,;;_`Y,! acknowledged that they signed the same as their free and voluntary act and deed 76}t-'3't :` uses and purposes therein mentioned. /‘ and i.m. hand and official seal this .ay o I :AAi 196 7 r r ki "Pr . ........., Notar"./PublicLin, a"nd for the t to of • • ,,. ��' Wash.i ngton, resi `i n at , t f t 7 -- V• V • 1 t s S •• , J 4 -4 a- C.- r • _ _ • r's• w.s**•""""*".*"**'""...'"'""*'". 1 - • „ •'' • • Die*A JO1 (3-3.)-11 . • - • t..ontviit 1- • • 10 I,, 5 • • • 69-I -Nlif _ 4G5454 ..cJ• 5CALE i'I= 100 I 1 + oY � � ! 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Sc11,.✓Qlo • 3 i CifI -- _ __—_, 0 \ . . • ' AREA COVERED g`( AGREEMENTW C ARROTHER5 LATE COMER AGREEMENT • ExH1e�1T „ b ;LLD tor " ecord 3t R 'Uft, / ce • ' -e REIN MUNICIPAL BLDG tY NY, WAS r,_. .1 • ` 5.1.' 257 -Ethihit "A" Legal Description ' • Melvin Carrothers ,That portion of the fractional Northwest 4 of the •Northwest 4 of Section 3,-Township 23 North, Range 5-East, W.M. described as follows: Beginning at the Northwest corner of said Section 3; thence South 8S°29'33" East along the North line thereof 1317.81 Nj feet to the Northeast corner of said subdivision;' ;n thence South 1°40'27" West along the East line thereof 441.16 feet; T thence North S9°13'49" West 320,290 feet to the true point of beginning; Inthence North 89° 13' 49" West 160.145 feet; thence South 1'40'27" West 309.139 feet, more or less to the North s7 1 ine of tract of land conveyed in deed, filed under Auditor's File No. 3512543 and recorded in Volume 2392 of Deeds, page 537, records of King County; thence South 8,803`41" East along the North line of said Tract 160.145 feet; thence North 1°40'27" East 312.306 feet to the true point of beginning; LESS ALL coal and minerals and the right to explore for and mine same; TOGETHER WITH an easement for roadway and utilities over that portion of the Northwest 1/4 of the Northwest 4 of said Section 3, described as follows: Beginning at the Northwest corner of said subdivision; -thence South 1°56'19" West along the West line thereof 749.72 feet to the true point of beginning; thence North 1°56'19" East along said West Line 30 feet; thence South 88°03'41" East 1321,84 feet to the East line of the Northwest of the Northwest of said Section 3; thence South 1°40'27" West along said East line 30 feet to the South line of a tract of land conveyed to William H. Marshall and Easter F. Marshall, his wife, by deed recorded under Auditor's File Nog 3796993; thence North 88°03'41" West 1321.81 feet to the point off beginning; EXCEPT any portion thereof lying Easterly of the Westerly line of the main tract herein above described. Situate in the County of King, State of Washington. SUBJECT TO: All easements, restrictions and reservations of record, if ( - any. • • • t i c f 41 ) i- ) . , • • . •• • • • CD RECORDEP VOL deedH PACE 2.0 519;;EOUEST OF F I • . 1969 JA1 31 A 1 1 51 FILED for Record at Request 01 ROBERT A. MORRIS AUDITOR Name_ _ K1NG/AUNTY WASH.. OEP UT Y •1/40 MireSS _ _17/14(-414-1___ Acb fed - co cr