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HomeMy WebLinkAboutLA 5261098 i . /la 4 0?C -4' t r-4":41.0404,-Xia„, ' • -'1.''''' AGREEMENT AND CONVEYANCE '; Re: Sewer rump Station and Discharge Line THIS AGREEMENT AND CONVEYANCE made and entered into this ,2;j.1day of haw- ' w mazy, 1961 by and between the CITY OF RENTUN, a municipal corporation under the 4 laws of the State of Washington, hereinafter referred to as "CITY" , and ROBERT L. tiw i EDUARUS and JANE I. EDWARDS , his wife, hereinafter referred to as "EDARDS"; I T N E S S E T H: WHEREAS the parties hereto have heretofore agreed to the construction by EDARDS , and at his sole cost and expense, of a certain sewer pimp station and discharge line, as hereinafter more particularly described, and VH REAS no other property owners or users are presently available to share in the cost and expense of the construction of such improvements, and the parties having in mind and being aware of the provisions of Chapter 261 of the 1Q59 Session Laws, generally known as the "Municipal ater and Sewer Facilities Act", and ' WHEREAS such improvement being deemed in the public interest, NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED by and between the afore- said parties as follows: 1. EDWARDS hereby covenants and certifies that a certain sewage pump station and a certain sewer discharge line, as more particularly hereinbelow described, and as further evidenced by that certain sketch, labelled "Exhibit i ':' attached hereto and :wade a part hereof as if fully set forth herein, have been properly constructed and installed in compliance with all the ordinances and regulations of the CITY; EDWARDS further covenants and warrants that all expenses, costs, and claims in connection with or arising out of said improvements have been paid in full and receipts therefor being available for inspection by CITY; said improvements being described as follows: A_ Sewage Pump Site: That portion of the Henry H. Tobin. Donation Claim #37 described as follows: Beginning at the intersection of the center line of 3rd Avenue, Renton, Washington produced vestrly with the center line of P.S .H. #5; thence S 19°56'20" S 288 .18' ; thence South 75°53' " 213.15' ; thence S 19°56'20" E 117' to the true point of beginning; thence coatining S 19°56' 20" 20' ; thence S 70°03'40" r:; 20'; thence NI9656'20 W 20";; thence N 70003'40" E 20'i to the true point of beginning, B. Sewage Discharge Line: Lying within the following described 10' easement: A 10' easement the center line of which is described as follows: Beginning at the intersection of the center line of " t r.w . . , k r ,.j 3rd Avenue, Renton, Washington produced westerly with the center line of P.S.H. #5; thence S 19°56'20" E 288.18' ; thence S 75°53' TAT 223.15' ; thence S 19°56'20" E 117' to the true pobnt of beginning; thence N 19°56'20" E 117' ; thence N 14 07'E 55' ; thence N 53°23' E 73.78' ; thence N 7°07' W 117.3' to the end of said Easement. The Discharge Line then continues northerly to an existing manhole in :' , ' rd Avenue and P.S.H. #2; and the total cost and expense of said improvements designated "A" and "B" above ly, ' t&'� are hereby certified to be in the amount of $2- ,-FrS .&O, inc}u'ding sales tax, which . t { i .t amount is considered fair and equitable under the circumstances. It is further found that said construction and installation of said sewage pump station and discharge line are in the public interest and in furtherance of public health and sanitation. 2. EDGARDS hereby conveys, transfers, assigns and grants unto the CITY OF RENTON all his right, interest and title in and to said sewage pump station and discharge line, its appurtenances and accessories of every part and description, free from any claim or encumbrance; CITY agrees to accept and maintain said sewage pump station and discharge line as part of its present sewage system. EDWARDS further agrees and covenants to execute and deliver unto the CITY any and all documents, including Quit Claim Deeds and Bills of Sale, that may reasonably he required or requested by the CITY to effectuate this conveyance and transfer. ED'IARDS further agrees to pay unto CITY such service or other utilities charges as may be imposed by the ordinances of the CITY OF RENTON from time to time, applicable to users of the same class and circumstances. 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 to the above improvements and to allow service connections to be made to said extensions or additions, without liability on the part of the CITY. 4. No person, firm or corporation shall be granted a permit or be authorized to tap into, use , or connect to said sewage discharge line and/or pump station, as hereinabove described , during the period of time described hereinbelow, without first paying unto the CITY, in addition to any and all other costs and charges made or assessed for such tap, hook-up or use , or for the sewer facilities constructed in connection therewith, the amount required by the provision of this contract. The cost per front foot of said improvement shall be ascertained based on the total cost - 2 - . rar.wwir , ° VOL `l amietonstruction as hereinabove certified and such unit cost per front foot shall be employed to determine the pro rata reimbursement to EL ./ARILS by any owner or occupant of real estate, who did not contribute to the original cost of such impr.ove- Trent or who subsequently wished to tap into or hook onto said sewage pump station and/or discharge line . The decision of the Superintendent of Utilities or City a ngineer, or any other duly a uthori ed representative of the CITY in determining- and computing the unit cost to be paid by any party wishing to hook onto said improvements ti ;_'7"''' shall be final and conclusive in all respects. A11 amounts received by the CITY \hnll be paid out by it unto LDUARDS 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 improvements, e<:ithout such payment having first been made as hereinabove set forth, the City Council of the City of Renton may remove, or cause to be removed, such unauthorized tap, hook-up or connection, and all connecting tile, or pipe located in the facility right of way, and dispose of any unauthorised material so removed, without any liability whatsoever to rn party. t t : : ail be effective for a. � ILA �-' �d 5. This rr_°c :��c�-: uerl.od of years from the dale of ,x:ecution _heercc It is Curt eer agreed and understood by and between the parties hereto that upon expiration of the term of this Agreement the CITY shall be under no further obligation to collect or remit any other or further sums unto is"D'.'1 IDS. O. It is further agreed that the a.foredescribed improvements have been and are a part of and connected with the public sewer system of the CITY OF RENTON and the CITY af.re?s by and throunh its governing body to accept said facilities es part of its municipal system. 7 i' '. I S— Pdhi:OF we have hereunto set our hands and seals this ,,C3,' day of February,19 61 . 6 F "<f CITY'pg, - .10i, a municipal corporal ion ' 7r/II -' i'.ifij4. 1* ‘,i7N1 ',hang' President of the Council ROBERT L. EDWARDS By Fad <rG�lG - -'� ` s.Nelson, ,Acting -city Clerk �� ANE I. EDWARDS, his wife r ;STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me CLARENCE DULLAH.AYT aid HELIu NELSON, to - 3 - • ' Ulf /figfi ' ' • 1,r • President of the Council Acting me known to be thehltrryr and the/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 said1.1 corporation. GIVEN under my land and official seal this ay of Febinal•y 1961 . , Z,--/-/ O`�� "°ram ... Notnry Public in and for the State of S hashington, residing at Renton. , A „ f ,. •a,z ,¢ 1 on ",. WASHINGTON ) ) ss. COUNTY OF ICING ) On this day pelsonally appeared before me ROBERT L. EDWARDS and JANE I. EDWARDS, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and Geed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 7 day of Februa , 1961 . %a �i ,„. :, ',.ilr';'1-„.,, • ,,. --- --re-e-oe--Z<Z,C4.- -; -..:,.Le---t-aci 441 . ; No ary Public in and for the State of k '' ,'- Washington, residing at Renton. +^ , ,! r , F rived for Kecor /a4•. / 19�/ d,,,,,sm. , od for Rer ti"..t.,•-,-eri4„-„,_,-Tifi,-14.-- 3 ;:-:.4,,est of x .-J 7� Qp,,,. Request OF + k rRrgi M RR! County A or i .. tOBERT'A. RAM, Coup ` Dor , ta r , xH ; 'T , " ‘, • _S ,• 59 ' 300 E."1 t 3 e° AV E. 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