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Home My WebLink AboutLA 8106010666 LcA& .47 - 8o • AGREEMENT AND CONVEYANCE Q RE': WATER MAINS AND APPURTENANCES O THIS AGREEMENT made and entered into this 271h day of n a_i,CD Co by and between the CITY OF RENTON, a municipal corporation of the second class under op the laws and statutes of the State of Washington, hereinafter referred to as "City" , and JAMES E. DAVIS & LORRAINE M. DAVIS, H/W hereinafter referred to as • Developer "; WITNESSETH: WHEREAS 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 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 . Developer hereby ac(cnowledges and covenants that he is the owner of the following described property, to-wit: Copy from Exhibit A attached RECOROFD 1Hrt' L Ji I 1141 At"" RECORDS &ELECTIONS KING COUNT and Developer hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 8" Ductile iron water main in SE 104th St. from Duvall Ave. NE to the east approximately 800' 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, 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. FILED FOR RECORD AT REQUEST OF 81 /0f;/01 a#06AA RECD F 7.00 OFFICE OF THE CITY CLERK # `i :f::+:*:*:?=1#i_# I RENTON MUNICIPAL BLDG. �� 200 MILL AVE. SO. r RENTON, WA 98055 r, 2, Developer further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 10,993.22 . Based on said total amount of Cost, UXe(MS(' XM'1CXS( XIX 9(9MPA 1 . the cost per front lineal foot (strike out the inapplicable part) of said improvement CD 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- O ties, which tap or hookup shall include connections to laterals or branches connecting co 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 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 to 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 _ Developery 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- * $8 .11/Assessable front foot • 0 • 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 richt 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- owit: 10 years from date hereof, City shall be under no further obligation O to collect or make any further sums unto Developer The decision of the City Engineer or his authorized representative in determining O or computing the amount due from any benefited owner who wishes to hookup to such 00 improvement, shall be final and conclusive in all respects. 6. The 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 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 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 improvement 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 Developer Dated this 20th day of August , •1980. CITY OF RENTON, a Municipal Corporation Owner; By: &w.1Va.44 . S k'n.po c- By: 400e Payor BY: a, ��jj.�:GLG(_ By: r ))7, !Ci•ty Clerk STATE OF WASHINGTON) )ss COUNTY OF KIN; ) On this day personally appeared before me ��m e a ®� l'�� to me known to he cureiC A(S respectively, of the municipal corporation that ex ted 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 corporate seal of said corporation. GIVEN under my hand and official seal this .,,,,Mt—day of ,19 e0c 19FO Notary Public in and for t,:t St Washington, residing at �•. �" -3- `.0J • `2L � t • • • STATE OF WASHINGTON) )ss COUNTY OF KING ) On this day personally appeared before me l?w4•-4.4 . -e- O — to me known to be the individuals described in and who executed the within and foregoing O instrument, and acknowledged that they signed the same as their free and voluntary act p and deed for the uses and purposes therein mentioned. OD GIVEN under my hand ,and official seal this 0.27Z/ day of 19$/ • t6laL; , Nota y Public in and for a Stat 'of` 'r Washington, residing at * gip;vb6 . • -4 a- Legal peecription. for James Davis • • . . That portion of the South 1 of the South 1 of the SW k of the NE k p of SecOion 3, Township 23 North, Range 5 East, W.M. .King County, CD. Washington , lying east of the following described line; , CI Beginning at the southwest corner of the SE k of the NWS of•.8aid co Section. 3; thence $ 87° 26' 08" E along the south line of the SS k of the NWS of said section and the south line of the SW of' the NES • of said, section a distance of 1780.25 feet to the true point of beginning; thence N 2° 334 52" E at right angles to; 8hs;dYsouth line a distance of 310.36 feet to the north line of the S1 of .the Sof • SWk of the NES of said Section 3. . •• . . Together With an 'easement for ingress, egress and 'utilities, over, • unde , upon or across the south 30 feet of that portion of• the SES of . ' th0 NW# lying east of 138th Ave.SE .and :the south 30 feet of the SWk 'of the NES, less the' east 871 .01 feet thereof, • al! in- Section 3, Township 23 North, Range 3 East,, W,M. in King County,. Washington . . . • ;T !' •, - 't..