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HomeMy WebLinkAboutLA 7104220501 1 AGREEMENT AND CONVEYANCE RE SEWER LINES AND APPURTENANCES 1 ,03 THIS AGREEMENT made and entered into this /aday of April • 19 by 19by 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", CD and Renton School District No. 403 hereinafter referred CDto as " WITNESSETH: CD i"- WHEREAS DEVELOPER is desirous of installing certain sewer lines and appurtenances thereto at, near or within the herethbeloW 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 end 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 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. DEVELOPER hereby acknowledges and covenan*' ' 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: Size In From To An 8" sanitary sewer Langston Road 250 ft. northerly 78th Ave. So. main & lift station of So. 134th St. 6" Cast Iron " -4 " South 134th St. Pressure Main 6" C. I . Pressure S. 134th St. Langston Road 250 ft. east of Main Langston Road and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. c DEVELOPER further covenants and warrants that all expenses and claims in connection with the construction - 1 - • 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 $ 28,660.18 . Based on said total amount of cost, / or CD the cost per front lineal foot (strike out the inapplicable pert) of said improvement O shall be employed to determine the prorate reimbursement to DEVELOPER Ct o by any owner of real estate, who did not contribute to the original cost of such N 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, _ 2 .. r • to tap into, hookup unto or use any such facilities or extensions thereof during the period of 5 years from date hereof, without first paying unto City, in addition to '4Iiy 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 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 © first made, the legislative body of the City may cause to have removed such unauthorized U7 O Utap, 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 term of this agreement, to-wit: 5 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 reapeets. 6. It is further agreed and understood that the aforedescribed 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 immediately upon execution thereof and all costs of recording shall be the responsibility of THE DEVELOPER DATED this 2/71-6L day of April 1� CITY OF RENTON, a.r corporation RENTON SCHOOL DISTRICT NO . 403 By .f 74' - ;. , • . !�# /of By - 1, t'�La-r„J ...4 _, ' dl i( E ( ecretary C•+ cl) » 0 - 3 r • CAG-1787-71 V EXHIBIT "A" Renton School District - Agreement &Convey. Sewer Lines & Appurt. All of Blocks 13, 15 and 16, together with that portion of Block 14 lying southerly of 78th Avenue South (Join Langston Road No. 3) of Earlington Acre Tracts, according to the Plat recorded in volume 15 of Plats, page 84, Records of King County, Washington. O r) O cy N r`- 4 • F STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1970 On this 27th day of February , I4 , 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 me known to be the President and Secretary , respectively, of Renton School District No . 403 the corporation that executed the 0 foregoing instrument, and acknowledged the said instrument to be the free and ►1') voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said CAJ ;\J e it t ;ument and that the seal affixed is the corporate seal of said corporation. O •,.%slot p4�>' =,'WITNESS my hand and official seal hereto affixed the day and year in Ms'- ert irate above written. .y '•,o �E ��1*'�C`y /� ►moi ' _ �`=. d� 'otary Public in and for the Ste 2�•Y . �WAS ` , of Washington, residing at Renton. STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On thisa"A day ofApril 197 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appearedAvery Garrett & Helmie Nelsprto me known to be the individual described in and who executed the foregoing instrument, and acknowlecgs,d to me that they signed And sealed the said instrument as a free and voluntary act and deed for the uses and purposes therein mentioned. n e WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. t-t 4144 . ±- _ _ 7- NItary Public in and for the State .. �, .y , f Washington, residing at Renton.. • - 4 t c fir. CAG-1787-71 A AMENDMENT TO AGREEMENT . AND CONVEYANCE RE SEWER LINE Pursuant to the terms of an agreement and conveyance for sewer line made and entered into between the City of Renton and Renton School District No . 403 , for the Earlington Elementary School, paragraph 2 , page 2 of that agreement is hereby amended to substitute the total actual cost of the improvement in the amount of $ 43 ,251 . 97 , for the total estimated cost . O L.0 Paragraph 6 , pages 2 and 3 , is hereby amended to O N C! show a time period of 10 years for the present time period CD of 5 years . !-- All other terms and conditions of said Agreement to remain in full force and effect. CITY OF RENTO ` -' .{ . . A Municipal ;- ,-; �,q By . . ' L. A AilYAU By � r �;.' .'A os 33 �:.1 4; y Clerk RENTON SCHOOL DISTRICT NO . 403 By /4)2,f1--0.4..eJ ?I'Cr:r.• Barbara Lally , Pres ' Board o ;irectors By 41v' ,� i . . R. J . on , Secretary 4 Board o Iirectors 1 STATE OF WASHINGTON ) • ) ss COUNTY OF KING ) O CD On this day personally appeared before me ✓ AVERY GARRETT and HELMIE NELSON, to me known to be the Mayor and CV the City Clerk , respectively, of the municipal corporation O that 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 this ,,y.cii O day of April , 1971. • r : Notary Public in and for the State •f Washington, residing at Renton s �4t, '. 2s:0, STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day personally appeatred before me BARBARA S . LALLY and H. R. JOHNSON, to me known to be the President and Secretary, respectively, of Renton School District No . 403 , the agency that executed the foregoing instrument, and acknow- ledged said instrument to be the free and coluntary act and deed of said agency, for the uses and purposes. therein mentioned, and on oath stated that they are authorized to execute said instrument . iven under my hand and •official seal this a77 •'•ay o f`4'fru,:% , 1970 . • n?g 4-t> " :'ms' „i N tary Public in an. for t �"':� •`err - �`�;;+..� ' ,� State of Washington , resi. ,ng - •f• • `'� '` •' in Renton . ,;' ... ,,, ••; r . -4 1 I k . • T/ • :.., -- I. * 17,' i \ .*.•• (X .., RECORDED et) Lol i VOL OF •• ° D \ I PAGE REG VES T OF •*--- >- o o • ...._.• L._. , w ....., in 1971 A r". 22 PM 4 05 co CV , . •LL., itzt• DIRECTOR t.... c) ° it 0) RECORDS & ELECTIC7-:3 ___ ..L. L. KING COUNTY, 1,"/ I-. -) 0 . .- . ,-- t• • _ *,