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HomeMy WebLinkAboutLA 7104220503 civet - /zop,-,- 7/ AGREEMENT AND CONVEYANCE RE SEVER LINES AND APPURTENANCES THIS AGREEMENT made and entered into this,,JC.day of April , 19 71 by and between the CITY OF RENTON, a municipal corporation of the second class under CO the laws and statutes of the State of Washington, hereinafter referred to as "City", O and RENTON SCHOOL DISTRICT NO. 403 hereinafter referred CV CV to as " DEVELOPER "; O WITNESSETH: WHEREAS DEVELOPER is desirous of installing certain sewer lines and appurtenances thereto at, near or within the hereibbelow 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 and ttrms 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 DEVELOPER is 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. DELELOPER hereby acknowledges and covenants ' that he is the owner of the following described property, to-wit: See Schedule "A" and DEVELOPER, hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 11512 VP. of '$" concrete sanitary sewer main in Northeast 10th Street and South- east 116th Street between an existing sanitary sewer manhole at the intersection of Anacortes Northeast and Northeast 10th Street anda point 1512 feet East of said intersection. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. DEVELOPER further covenants and warrants that all expenses and claims in connection with the construction - 1 - '4 'I < ka • CAG-1789-71 EXHIBIT "A" Renton School District - Agreement & Convey. Sewer Lines LEGAL DESCRIPTION . • The northwest 4 of the Northwest u of ' the Northeast oof section 10, township . co 23 north range 5 E.W.M. , EXCEPT the north CD ,30 feet and the east 30 feet thereof con- Lo CD veyed to King County for road and EXCEPT CV the south 132 feet of the east 330 feet thereof, and CD • The North .2 of the East z of the Northeast N 4 of the Northwest of section 10, town- ship 23 north, range 5 E.W.M. , EXCEPT the . north 30 feet for road and EXCEPT the north 275 feet of the west half thereof; and the south 2 of the east 2 of the east 2 of the northeast u of the northwest a of section 10, township 23 north, range 5 E.W.M. , EX- CEPT the south 30 feet thereof for road and EXCEPT the north 30 feet thereof, and The south 530 feet of tract 6, Joseph ' P. Marshall Tracts, all situated in the County of King• , State of Washington. Y • v J v and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at DEVELOPER expense, and DEVELOPER covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. DEVELOPER further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of C") $ 59 ,994. 9 3 . Ba sed on said total amount of cost, XdfaXitONtXria&MIIMEflaiNtANbr 1.f9 D � the cost ;;er front lineal foot (strike out the inapplicable part) of said improvement c) shallshall be employed to determine the prorate 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 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. DEVELOPER 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. DEVELOPER 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. DEVELOPER 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 ti 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 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 be paid out by it unto DEVELOPER under the terms of this agreement CO within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or CD !. O connection is made into any such contracted facility, without such payment having been CV N first made, the legislative body of the City may cause to have removed such unauthorized CD f`-- 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 ,t rm 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 or tap unto such improvement, shall be final and conclusive in all respects. 6. It is further agreed and understood that the eforedescribed improvements to be undertaken and paid for by DEVELOPER 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 immediatelyupon execution thereof and all costs of recordingshall be 'r� :•: P o 'fl 19 ti 4,!.t .;,„ responsibility of THE DEVELOPER ,;r;' " +�} p '.. , , a �• r„ ..7 14'170 , .70 - . ,..ex- , '1:4 , DATED this oZ/!'i.C�(,,, day of April , 19,7 '- +fs4t `it* t ''t! , CITY OF RED AV,. Iunic$r-l corporation RENTON SCHOOL DISTRICT NO . 403 By - / J....,-- / Aie '1514 r..% - ?�yar , •res By " ',Xip21!_.!-VI /4 a4 4-iy-) /7,7 - t . w r-r- )1 CLERK Secretary lie - 3 - (IJ1 - r STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1970 On this 27tbday of February , ', before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Barbara S . Lally and H. R. Johnson to e known to be the President and Secretary , respectively, of Renton School District No . )403 the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein CO Q mentioned, and on oath stated that authorized to execute the said Lr) instrument and that the seal affixed is the corporate seal of said corporation. 0 %, (v Al 1;Y.- lc:t •/. ! ,a,.:4hTA� TESS my hand and offficial seal hereto affixed the day and year in � T :°`-'.•" .his ce'rtaf icate above written. D -Z,..-?F ti r -r - /1 / I - -- ' lc notary Public in and for the Sir e t; '''• .o �',C-� of Washington, residing at Ren on. ''"1",11111,‘" STATE OF WASHINGTON ) ) ss - COUNTY OF KING ) On thisp?- ( day of April , 1971 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appearec jvery Garrett & Helmie Nelsonto me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that theysigned and sealed the said instrument as a free and voluntary ac ogid ,deed for the uses and purposes therein mentioned. i, ` a ",W.I'I,NESS my hand and official seal hereto affixed the day and year in %this certi 'icate above written. '� of 'L\• 4^y <4.r. C.S fLi '!� '�' `�_. , N tary Public in and for the State 47Pe.'' ... kS'gt.' of Washington, residing at Renton. OF-,VI %.1 1 • • - 4 - . _ 1 • k ; , t...,'•.- . :`.--,.‘L:-..R4' . i. .,.i. 4 = 11042205Q3 .. , . . , . . . , „,...,,...,"74,7: .,,, , -,,,,;/. - N e_....--------- X X rn - :. = 2 z.-:-. N [ - ; CI C.: sv,pi . -. . Z c.) -4 rrl ...1 --.... r.-.;. m -,..a ...,_, --: 0 t•••. .-rs: (_,:. o c...1 ,.51 li-ca d Go.......„ , • ,z* at- ci. t-D for Record at Reelli ,, i,_L. .. r L-•'44;. .1. ' '-- :- ...- ...,...,.: • j.--- FFICE OF THE CITY CLEM IR 1 4 k . 0• 7. iii, •. •-•-•...-..-i., A.zitiot . 200MILL AVE. SOUTH a .