HomeMy WebLinkAboutLA 8412070646 Project`# SD-1-84
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AGREEMENT AND CONVEYANCE RECD
SH F �p {i�;
RE: UTILITIES SYSTEMS 55
THIS AGREEMENT made and entered into this 02)9 day of 19
j 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
Anderson - Minietta hereinafter referred to as "DEVELOPER";
. a
WITNESSETH:
CO
14 CD WHEREAS "The Developer" is desirous of installing certain storm sewer lines and
appurtenances thereto at, near, or within the hereinbelow described property and to
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t4 connect same to the City's Utility System so that such improvements will constitute an
Trintegral 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
1 . 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 9
following described property, to-wit;
Lots 58 - 62, Block 27, Hillman's Earlington Gardens, Division #1 as recorded in Vol . 17
of Plats Page 74, Records of King County, Washington.
and the "Developer" hereby agrees and covenants to cause to have installed the following
described improvements, to-wit:
Approximately 304 lineal front feet of 18" CMP and approximately 168 lineal front feet
of 24" CMP storm sewer pipe including two (2) catch basins and all appurtenances per
approved storm sewer plan 4-4-4 on record in the Design Engineering Office, City of
Renton WA.
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 $ 26,222.00
See Exhibit "A" attached hereto for the legal description of the lands affected by this
latecomer agreement or a map showing in outline the land affected by such additional
charges per the terms of this agreement. Per RCW 65.08. 170(3) (RCW 35.92.025) •
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(SEE Exhibit A) FILED FOR RECORD AT REQUEST OF
OFFICE OF THE CITY CLERK
RENTON MUNICIPAL BLDG.
• NO MILL AVE SO.
• RENTON,RSA 98455 •
Based on said total amount of cost, *ixxciasOgsommxspumeakoatAxm the cost per front
lineal foot (stole out .the £nappLi.cab.2e 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
per Lineal Front Foot is $ 25.97 •
3. It is hereby found and determined that the construction and installation
said aforedescribed improvement is in the public interest anti in furtherance 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. appurten-
ances and accessories thereto, free from any claim and encumbrance of any party
C.4) 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
CI said construction. The "Developer" further agrees and covenants to execute and to
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00 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 10 years
from date hereof, without first paying unto the City, in addition to any and all other
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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 covenaSted that upon expiration of the
term of this Agreement; towit: 10 years from date hereof, City shall be
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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 hook 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 Anderson-Minietta
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".
Tr
CG
DATED THIS ?30/`-' DAY OF �'D�'P-fi s��� 19 .
0
CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER: '
Ar
BYY n L:NityCOLCOj4* 0 C.\ BY: ,
MAYOR
h. %�;
,„„../24e4.____i_ e. ,),,,.. ...,.. BY: i2;( a)1- 7 3/..#774..."--77Z---
2 c. .:i lc... • : CITY CLERK
1
V If ............. CITY OF RENTON DEVELOPER
STATE'O! WASHINGTON ) STATE OF WASHINGTON )
) ss ) ss
i
COUNTY OF KING ) COUNTY OF KING ).
On this .,�ci day of N n VC r`t gpe , 1.9S,4 O this day personally appeared before me
before me personally appeared, ,.h��,4,Y s).),„119,1,I-4 �CS� Y.) t\ nAr,clitsj i n�1, J,AV,4 0-_)
11 b1�1 tax,,�F F r1,0Je , to me known to (Grantor(s)
.a e the ( Mayor, City Clerk
or other authorized
officer or agent, as the case may be) of the
municipal corporation that executed the to me known to be the individuals>described
11 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 th
'and that the seal affixed is the corporate " ' ' day of of,ckQA , 19%1.
seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set S nature of officer and official seal,
my hand and affixed my official seal the •� .1�
day and year first above written. 4
Notary Public in and for he State of
Si nature & Title of Officer o y
Washington, residing at
. ,, akaa_
of y Public in and for he State of -i,, ,r;..
Washington' "+residing\in 1 x....,1014:7114-1 .`'`x
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EXHIBIT "A"
Properties Affected by Latecomer Agreement
Storm Drainage Project
Total Cost of Project $26,222.00
Total Front Footage Considered 1 ,009.65 L.F.F.
Cost Per L.F.F. = $26,222.00 _ $ 25.97 Per L.F.F.
1 ,009.65 -
LEGAL DESCRIPTION ASSESSABLE FOOTAGE CHARGE
All Lots are within
Hillman's Earlington
Gardens Div. #1 as
Recorded in Vol . 17
of Plats, Page 74,
Records of King County,
QD Washington
G 1. Lot 62, Block 27 100.00 Ft. $2,598.39
(Anderson/Minietta-Developer)
2. Lot 29, Block 16 100.00 Ft. $2,597.00
(Clifford Gary)
GO
3. Lot 1 , Block 26 108.24 Ft. $2,810.99
Together with Por. (Emilio & Gladys Pierotti)
Vac. Alley Adj.
4. Lot 62, Block 26 108.24 Ft. $2,810.99
Together with Por (Emilio & Gladys Pierotti)
Vac. Alley Adj.
5. Lot 28, Block 17 100.00 Ft. $2,597.00
(August Tonelli)
6. Lot 29, Block 17 100.00 Ft. $2,597.00
(Emilio & Gladys Pierotti)
7. Lot 1 , Block 22 100.00 Ft. $2,597.00
(Emilio & Gladys Pierotti )
8. Lot 46-47, Block 22 90.12 Ft. $2,340.42
LESS State Highway (Mamie Swales)
9. Lot 13, Block 21 100.00 Ft. $2,597.00
(Emilio & Gladys Pierotti )
10. Lot 14-15, Block 21 103.05 Ft. $2,676.21
LESS State Highway (Emilio & Gladys Pierotti)
TOTALS 1009.65 LFF $26,222.00
rir.VtiV U 11.06 iiAi
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DEC 7 11 42 MI '84
RECODiN9S1 '
RDS 4.