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Home My WebLink AboutLA 8110270506 S-306 s if'� THIS DOCUMENT HEREBY SUPERCEDES & REVOKES THE PREVIOUSLY RECORDED 1 4;2{1A\ RECORDED DOCUMENT , KING COUNTY RECORDING NUMBER 8109220559 OcT 27 11 32 AGREEMENT AND CONVEYANCE RE: UTILITIES SYSTEMS B`lTHE �biVi ivid OE RECORDS & ELECTIONS KING COUNTY THIS AGREEMENT made and entered into this 22nd day of October 1981 by and between the CITY OF RENTON, a municipal corporation of the second class under the laws and statutues of the State of Washington, hereinafter referred to as "CITY" and MICHAEL R. MASTRO hereinafter referred to as "DEVELOPER"; WITNESSETH: WHEREAS "The Developer" is desirous of installing certain watmomm sewer lines and CD in appurtenances thereto at, near, or within the hereinbelow described property and to r. connect same to the City's Utility System so that such improvements will constitute an CQ integral part thereof; and HWHEREAS no other property owners or users are presently available to share in the cost a) 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 . 101 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; The S.W. 1/4 of the S.W. 1/4 of the S.E. 1/4 of Section 9; Township 23 N. , Range 5 E. , W.M. ; LESS East 1 ac. ; LESS East 200 ft. of S. 430 ft. thereof LESS North 125 ft. of S. 280 ft. of W. 155 ft. LESS roads. and the "Developer" hereby agrees and covenants to cause to have installed the following described improvemnts, to-wit: Approximately 1653 L.F. of 12" sanitary sewer pipe and six manholes together with all appurtenances in Monroe Ave. N.E. R/W from N.E. 4th St. to N.E. 2nd St. (S.E. 132nd St.) and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. The "Developer" 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 the "Developer' s" expense, and the "Developer" covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. The "Developer" further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 83,245.86 FILED R RECORD AT REQUEST OF flFf/CE F THE CITY CLERK REKTOK MUNICIPAL BLDG. 4 irao[L AVE. SO. RENTON, WA 90055 It Based on said total amount of cost, the costs per square footAmmthewometwommkommk Unesamkoot (s.thifze out the ..napp1,icable pant) 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 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. The pro rata cost C per Square Foot is $ .093734 • C3. It is hereby found and determined that the construction and installation said aforedescribed improvement is in the public interest and in furtherance of public 04 O health and sanitation. N OD 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 appurten- ances - ances 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 Utilities Systems upon approval thereof by the City Engineer and after inspection of said construction. The "Developer" further 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 improve- ment 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 the facility for water or sewer service during the period of 5 years from date hereof, without first paying unto the City, in addition to any and all other costs, fees and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. 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. Further- more, in case 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 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; towit: Five (5) years from date hereof, City shall be II a v r� r r t 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 hoop up to such improvement, shall be final and conclusive in all respects. 7. 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 Utilities Systems 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 utilities systems. 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 the "Developer". CJD O DATED THIS 2 2 DAY OF 19g1 CD O CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER: R., BY:t3o w d( .�. L,41�,p ,� BY: IvVl4 k uS MAYOR BY: a j �, BY: C TY CLERK CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING ) On this Re:7- 441ay ofa9 , 1W, On this days personally appeared before me Aore g personal y ppeared ,.4 `2")/7a4-/ A-1 Poc-- 0/ke-e� P�� , to me kno to (Grantor(sI)be the pr City Clerk authorized officer or agent, as the case may be) of the municipal corporation that executed the to me known to be the individual.(s)'described within and foregoing instrument, and in and who executed the within and fore- acknowledged said instrument to be the free going instrument, and acknowledged that he and voluntary act and deed of said municipal (she or they) signed the same as his (her corporation, for the uses and purposes or their) free and voluntary act and deed, therein mentioned, and on oath stated that for the uses and purposes therein mentioned. he was authorized to execute said instrument Given under my hand ,and official seal this and that the seal affixed is the corporate <.>l,,d day of d , 19Y/ . seal of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set Signature of officer and official seal my hand and affixed my official seal the day and year, first above written. J`C��LC�GuJ /2"7 Signature " Title of Officer Notary Public in and for the State of may, Washington, residing at J ' Aj_. -e Notary Public in and for e St- e of ,r„1 Washington, residing i �,"� ".,• J 4irr •