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HomeMy WebLinkAboutLA 7906250758 • w-463 LCAG-053-77 AGREEMENT AND CONVEYANCE REQ WATER MAINS AND APPURTENANCES THIS AGREEMENT made and entered into this ;?b — day of kolust , 1ff ca f-N by and between the CITY OF RENTON, a municipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to as "City" , and William L. McLaughlin, Jr. hereinafter referred to as cp „ The Developer H . WITNESSETH: 1 In WHEREAS The Developer is desirous of installing certain o 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 c. will constitute an integral part thereof; and !:N 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 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: Lots 4, 5, 6, 7 and 8, Block 4, C. D. Hillman' s Lake Washington Garden of Eden Division 1 , situate in King County Washington and The Developer hereby agrees and covenants to cause to have installed the following described improvements, to-wit: approximately 600 if of 6" ductile iron water main together with all necessary appurtenances thereto and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. The Developer further . cOenants 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 holAttte qityf. . ?._ Renton harmless from any liability in connection therewith. • •/91 - /1160/0/ff) *(r2. The Developer further certifies that the total 119'11..A! estimated cost of said construction as hereinabove specified will be in the sum of $ 9,$70 Based on said total amount of Cost, the cost per square foot/or ttxtU x PWAX 34 �x 4c (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 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 co cost of the aforedescribed improvement shall be different from that set forth hereinabove, O 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 4111 aforedescribed improvement is in the public interest and in furtherance of public N' 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 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. The 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. 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 extensions thereof during the period of „ 10 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 _ The_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- • • • 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 richt 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: 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 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 Lo OD water mains and to allow service connections to be made to said extensions or additions, O 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 The Developer have been or Nare 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 DEUeZ,00c . »z� Dated this____ 26 ' day of , Wsa. CITY OF RENTON, a Municipal Corporation Owner; ad, 1 -0-1-- i,g,y(/ By: a4•1Lk /I r Mayor BY: ..tt'.�/Ar . _, r 1 ,r/'i.i. B y: Ci y C er STATE OF WASHINGTON) )ss COUNTY OF KING On this day personall appeared before me to me known to he e./ /�tu.c � �,77'., —,P �c/ae�r �/ �� respectively, of the municipal corporation that executed 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 cornorate seal of said corporation . GIVEN under my hand and official seal this day of Se , ,de , , 19 . f7 ) 0'gi `' otary Public in and for the State of Washington, residing at ' - -3- STATE OF WASHINGTON) )ss COUNTY OF KING ) On this day personally appeared before me 1 �t i�AN. L lakKG-H-NN► TR. to me known to be the individual/0 described in and who executeg the within and foregoing instrument, and acknowledged that they signed the same as t-he--r- free and voluntary act and deed for the uses and purposes therein mentioned. ta-r7 GIVEN under my hand and official seal this 26{— day of Aceto-- -135- Ls,(x)ka CO Notary Public in and for the State of Washington, residing at _(.;.kA &- ;'�, •4!I La) 'NY tittiO hal it N'664/1 LIC4:k * * : **„ RENTON MUNICIPAL BLDG. 200 MILL VE. U H -4 a-