HomeMy WebLinkAboutLA 7805040886 ,.._. ::_ 1 •E'. 'u Li G!. n tw'a `" t. LC.P4Gp 027,-78.
fil
AGREEMENT AND CONVEYANCE
. RE` WATER MAINS AND APPURTENANCES
THIS AGREEMENT made and entered into this 2514 day of IIRi43 , 1978
`f3
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",
Oand M. R. Mastro, D.B.A. , G&M Investments hereinafter referred to as
C " The Developer " ;
03
r--- ;'•- WITNESSETH:
;sw
WHEREAS The 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 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:
That portion of the S.' 660 of NW 1/4 of SW 1/4 Sec. 8 Twp. 23 R. 5 E. W.M.
situate in King Co. , WA. , which lies N. of N. line of N. 6th St. and between
the centerline of Pelly Ave. N. and Main St. (now Wells Ave. N. ) produced
north
and The Developer hereby agrees and covenants to cause to have
installed the following described improvements, to-wit:
Approximately 780 l .f. of 16" ductile iron water main, together with all
valves and appurtenances, located in N. 7th St. and Mothers Park between
Garden Ave. N. and Pelly Ave. N.
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. The Developer further ii
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 expense,
and The Developer covenants and agrees to hold the City of
Renton harmless from any liability in connection therewith.
R£COitOCb KC REC(iRp:
2. Developer further certifies that the total
estimated cost of said construction as hereinabove specified will be in the sum of
$ 46,795.00 . Based on said total amount of Cost, thexxastoperx t ex x tion
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
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
•-0 thereto, all subject to the laws and ordinances of the City of Renton and the provisions
Oof this Agreement. It is hereby further agreed that in the event the total actual
CD cost of the aforedescribed improvement shall be different from that set forth hereinabove,
Gthen this Agreement will be duly amended to set forth the total actual cost thereof.
N3. 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 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 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 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: 10 years from date hereof, City shall be under no further obligation
to collect or make Any further sums unto 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 resnects.
6. The CITY reserves the right, without affecting the validity or terms of this
l7 AGREEMENT,to make or cause to be made extensions to or additions of the above said
pp 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 improvenient 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 �eve ��,I� r •
Dated this day of qptriz
, .�.
CITY OF RENTON , a Municipal Corporation Owner;
By;Yr�J�' C� t �v"GL.,� By: /1.1:-/7 _y
-+_ / Mayor
/ /
B y: ",. Q a�� Y
tyCer
. STATE OF ?-WASHINGTON)
)ss
COUNTY OF KING ) •
On this day personally appeared before me C,-.T �'?�`�c"' `a � `{'�` ���`'`�S � e e(
to
me known to h? /612 -A7/ C-;---C.,;1.(71-4-0-12------- 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 cornnrate seal of said corporation .
GIVEN under my hand and official seal this day of ```' 19.78.
721
!o ar Pubic in and for the State of
Washington, residing at
-3-
•
STATE OF WASHINGTON, 1
County } ss.
On this day personally appeared before me /4-i, e4\2 < (41 +/4--C--
to
4-to me known to be tip individual described in and who executed the within and foregoing instrument, and
acknowledged that P1-12-- signed the same as o free and voluntary
'uses and purposes therein mentioned. act and deed, for the
GIVEN under;m hya s2d•aril official seal this j day of � / j 7
co
r` :1 Notary Public a jot _Staff Washin
residing at ?� �°h'
-4-
(11
at _
7805040866
X.
3d ` 'k so !,
N.
)! L SC'_!.
VI
\\\.\\\\\\\\.\.\ \\.\\\\\\\\\\\.\�. rs m ,
' .\\\\� .\\ \\\\N....\\.�.\\,....\ ' z j.... \\ . \..Z Itn \\\\\\\\\\\\\\\\\\\\\\\\\\.\\\\\\\\
—I f. m _ � .\\\\\\\\\\\\\\\.\\\.\\\\\\\\,\\\\\\\
__1 - .\\\\\\\\\\\\.\.. \.\.\\\\\\\\.\,.\a
t .\\\\.\.\\\�\ �y als,\ \\�i �\\\\\.•
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ i
/\.\\,,, 9
_..„__ _ Vi,— r i-- t'''
' < P1 7 �rreEEr 1 lit
IL \\\\\\\\...\\\w `\\\\\\\\\\\\\\\\♦ 1 .
\ I
.\ \\\\\ss���}��ll..\\\\\\\\\\\\\\\\\\\\\\
•
t j
•
„IT
7805040886
v
f p D _.1 Z cn Y m
o ® z o RI m - o D o r 0
rn -I 7 1 TT)
T.") 1-
Z /,,,, H
„/ /,,,,
Z in o ➢ c o
,,,,,,,,,,,, rl
-r
cNi ; ;;;;�;;;;;;; z O p m
l ///,/- //�/, •
O p D
Fri
w In (^� Z ///,///,/,/ D TTI /} ill U1
s71 r +///////////, P N
- ,/,////,/,/. 0 z1 rn 3 -i
m ^ n m
uI
0
_ - zrN
m,fa Ri � p . x�
r- 12
iN yZ z
IA • I
x
171"0 t� IN' — vl W --NI
N W N O Ul — \9
c'n
rt l9 W 00 Q N W W ul r
1' — cn O O O ,r Q` O
CO O O O N N O
-n -q Zt -T1 T
-1 71 -i 71 -i
13
.