HomeMy WebLinkAboutLA 8107130488 • S-263
AGREEMENT AND CONVEYANCE 81/07/13 #0488 D
RECD F 5.00
RE: UTILITIES SYSTEMS CASHSL ** * 'OCA
'I'I-IIS AGREEMENT made and entered into this Qa4 day of 19$'/
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by and between the CITY OF ItIiNTON, a municipal corporation ac n
Non-
Charter Code City, under the laws and statutues of the State of Washington, •
hereinafter referred to as "City" , and FORESTBROOK ASSOCIATES
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cb hereinafter referred to as 'Developer";
WITNESSETH :CD
sewer
0 WHEREAS "The Developer" is desirous of installing certain wear lines and
appurtenances thereto at, near, or within the hereinbelow described property
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and to connect same to the City' s Utility 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 Facili-
ties 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 the is the owner
of the following described property, to-wit :
Forestbrook Townhouses, a condominium, Phase I and Phase II
AF 8003190797 AF 8002010440
and the "Developer" hereby agrees and covenants to cause to have installed the
following described improvements , to-wit :
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520 1 .f. of 8" sanitary sewer pipe and five manholes together with all appurtenances
in Union Ave. N.E. north of Northeast Sunset Blvd.
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 at the "Developer' s" expense ,
and the "Developer" covenants and agrees to hold the City of Renton harmless
from any liability in connection therewith.
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FRED RK.s,O?I t'
FOR RECORD AT REQUEST OF
OFFICE OF THE CITY CLERK BY THE. !D .off
REM MUNICIPAL BLDG. , RECORDS &ELECTSr
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MILL AVE. S0. / •
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3 6 Cal 1
RENTON, VIA 98055
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2 . The "Developer" further certifies that the total estimated cost of
said construction as hereinabove specified will be in the sum of
$ 15,203.54 . Based on said total amount of cost , Ot 401X AV
sXmaXtXXtROBOXXig,tE the cost per front lineal foot (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 facilities , which tap or hookup shall include connec-
tions 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 afore-
00 described improvement shall be different from that set forth hereinabove ,
e0 then this Agreement will be duly amended to set forth the total actual cost
F0� thereof. The Pro rata cost per lineal front foot is $19.8221/L.F.F.
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3. It is hereby found and determined that the construction and installation
CD said aforedescribed improvement is in the public interest and in furtherance
ap of public 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 en-
cumbrance 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 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 exten-
sions thereof during the period of ten 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 , hookup or use , or for the water
main 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 The "Developer" under the terms of this
agreement within sixty (60) days after receipt thereof. Furthermore, in
case any tap , hookup or connection is made into any such contracted
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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 : Ten (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
aD to hookup to such improvement , shall be final and conclusive in all re-
O spects.
6 . The CITY reserves the right , without affecting the validity or terms
O of this AGREEMENT, to make or cause to be made extensions to or additions
00 of the above said 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 improve-
ments 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 record-
ing shall be the responsibility of the "Developer".
DATED THIS f ' DAY OF � - , 1911
CITY OF RENTON, a Municipal Corporation DEVEL ,-eveaTz,ia�
Byi) .J ' BY:
ay o r
By : By : 1- - .,ti. "rearg
Deputy City Clerk -
STATE OF WASHINGTON) FORESTBROOK ASSOCIATES
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COUNTY OF KING )
On this day personally appeared before me Barbara Y. Shinpoch and Maxine E. Motor
known to be Mayor and Deputy City Clerk respectively, of the municipal
corporation 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 g7z4 day of 19�y/
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Notary Pu+lic n an• or t e 'tat- of
Washington, residing at \<`t�ci�,
SUBSCR:,,D • D $W_ RN TO BEFORE ME .
this , da, of rt,< , g fr J
Notary P,f. is d or the State of Waahingt ,
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