HomeMy WebLinkAboutLA 9011080905 f
FILED FOR RECORD AT REQUESEEV T .iS i)4Y LA-002-89
OFFICE OF THE CITY CLERK
RENTON MUNICIPAL BLDG.
200 MILL AVE. SO.
RENTON, WA 98055 o R .i G ,, � i; S-30
' , sJ s
Project Number
:3 '` LATECOMERS AGREEMENT
THIS AGREEMENT`'>`smade ' 'and entered into this 0.T , .7fr
day of
dar-Ak& ,19 ?), by and between the CITY OF RENTON,
hereinafter referred to as "CITY, " and LINDA T01 \N11,,-08 4005 t.'
DECD F 15.00
hereinafter referred to as "DEVELOPER" ; RECFEE 2. 00
CASHSL ►:*$:17.00
WITNESSETH: 55
WHEREAS, the "DEVELOPER" is desirous of installing certain
water systems, sanitary sewer systems, storm water drainage
systems, and/or street improvements including signalization and
CD
Olighting,g, and appurtenances thereto at, near, or within the
a0 hereinbelow described property and to connect same to the "CITY' S"
O
utility or road system(s) so that such improvements will constitute
0
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 the "Municipal Water and Sewer Facilities Act" (RCW
35 . 91 .020 et seq) and street latecomers ' legislation (RCW 35 . 72 .010
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;
W. 110 ft of LOT 1 , BLOCK 2, AKERS FARMS No. 5 AS RECORDED
IN VOL 40 OF PLATS, PAGE 27, RECORDS OF KING COUNTY
WASHINGTON.
LATECOMERS AGREEMENT - 1 #1/0- 90
,1/4//e.ao//8", 6-35'. • Lk?./hi
:" Q .^ �j R► N�pl-¢16 o i4,-;,7.2.0 •��A• •A Y' ' IQ yobJ41:1%>.- !,-
0 AO
`� a - • �' 2 s
1so
118 88 'e q°1r. 13 8 1380 _' 001 �' ,_ IZ 90 ,v. ec 'IA ��,
n NALL �. v y 3 1'', N,, °00/' 106Q0 a• /�e�oo46 P'A.
`� it/
39-0ZE 4 U Op A o'Y�•' 'e sQ Zo <;::
2 :'H
4. • n
•
Ip 10 * q .� 001l ,1
k 116 ,�, N u 140 •• o' • • e ��� '
iv A
• B;y % • N'g r9-off • _ • NM°p ti A
Z4 Z'� //G.(. ioo ioo �j p ft 0 •
✓N 115 * o 0199 pt ti IS n
90 �' 141 Oo 0 Irv, \$ �h
�1 * 1 ��Z 6 z� 00
+IG 310 0,000 0 .i:::
�°NORTH 1• °° °°M1�
114 �a�.a9 .tea
Apg-ri•�, 0
0 11ao 2� �,,� ,, "� ON
/t '.s6 L.° SE 166TH ST
o i' / �w • 3�7.a S c 39 c
o Qom') �SIIf 113 .z0aio "� ,h
7
424-
p� . 9i•7r, 30 3a ss I $
�i 0 � -z-
‘. __a, �� 41'°.* 112 �,► •'�A 1 t` 1
th •
L �)N CA''
111)9 M
> :vA9-/B-cam!✓ 0�
�� v 4�''': 8/ 73 pp°f1 1
ti Al
015 7S 1
0�y5 I
ET.'IP :
'q 111 _ .. /2? Ill / 7.23
Ptn.NW* STR 29-23-5 i' k co t ti
0
III .4-- t•tel Eli C 1
CD
of a a 110 h �,� � •AKER'S ` NI.
`4 w
s_ flop 3 '' ll.i
k CD o. M isll
6 coo p cq ,�go-D9' r 3 1 /, L1J•T . „ Z 2/ 0°�` v > 0��'L
0"" O 7 /B cn I Q t._ ._ {ti; t', _ Q �'!0 2 c'
C 12710
'O!�pE g 109 ^ I LvT-480,
80 � ''I P�A)MS
REN SP 6
N io9p i° 07I-85 01 W H n v V.
107 I N�19/ea�w _. :: •/6.46W w 3 . P
5 - . _ • /27./0 $i i 0 3
rn i Cr I� Lor-a.
6.RA 00
°° e a i 108 o . 8606059001 0ton o f o� 008700
!✓!I s y i 0 • "' 588-lb-46 Az z 09 RENT. /2 7'0 014
PI
In
`�� > ix t8-34 sz �FY 254.19 P g
4 ° Nea�aw� Existing City Limits of Renton �,
p� ti
., //!1" �3 4 /,!=,. ; - P �` I b w °��
N o 4 iwt
'T
�.3•I �" �',� w = "' I 3
tl t 0 -."at ?Pe/ ,rY . ♦ 0 0‘ fit
♦ N
vc� • 3 �► 3 8 •
i s 7.of 1 /174, f I `h' $1
2 I o ' 2 1.(C EXHIBIT ii " ♦fo -.01^� ��o
i l 1 ^ oq-wj. DDD
k `� " + v .a LATECOMER AGREEMENT S-380 •
* 0p 4' 0,00 ` 'cow. '1 1, * • 150' New 8" San. Sewer Main
` - 1 °o J v$. - --- -- Existing 8" San. Sewer Main
-- ,lt43 /Existing City �•
� 3oo -
C� �" .N.99' 16 2• "''""' " "'' Developers Property (Parcel No.1) --
immo ■mmilmit Latecomer Boundary
Sheet 11 of
11 ,
•
and the "DEVELOPER" hereby agrees and covenants to cause to have
installed the following described improvements, to-wit:
Installation of 150 I .f. of 8" PVC Sanitary Sewer Main in
104th Ave. S.E. between Mill Ave. S. and S.E. 166th St.
perrrapproved plan S-380.
and such installation to be made in full compliance with all
applicable codes and regulations of the "CITY. " The "DEVELOPER"
further covenants and warrants that all expenses and claims in
connection with the construction and installation of the aforesaid
1-1-1 improvements, whether for labor or materials or both have been or
Q7
CD will be paid in full, all at the "DEVELOPER' S" expense, and the
0 "DEVELOPER" covenants and agrees to hold the "CITY" harmless from
CD any liability in connection therewith.
2 . The "DEVELOPER" further certifies that the total cost of
said construction as hereinabove specified is $ 21 , 182.60
See Exhibit "A" attached hereto for the legal description of the
lands affected by this latecomer agreement, and see Exhibit "B"
attached hereto for the map showing in outline the land affected by
such additional charges per the terms of this agreement.
The total amount of the cost 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 hookup to or use said facilities, which tap or hookup shall
include connections to laterals or branches connecting thereto, all
LATECOMERS AGREEMENT - 2
•
subject to the laws and ordinances of the "CITY" and the provisions
of this Agreement.
The method of determining latecomer payments shall be one
of the following:
a. front foot method
b. zone front foot method
X c. square footage method
d. contract method
e. trip generation (traffic) method (if applicable)
L1")
f. other equitable method
O
CO g. any combination of methods a through f .
O
(check the applicable method of assessment)
O
The pro rata cost per 30,921 .40 square feet is
$ 0.68505 .
3 . It is hereby found and determined that the construction
and installation of said aforedescribed improvement is in the
public interest.
4 . The "DEVELOPER" hereby agrees and covenants to convey,
transfer, and assign unto the "CITY" all rights, 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 system 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 Sale that may reasonably be necessary to fully vest
LATECOMERS AGREEMENT - 3
•
•
title in the "CITY" and to effectuate this conveyance and transfer.
The "DEVELOPER" further agrees and covenants to pay unto the "CITY"
such service charges or other charges as may be imposed by the
"CITY" for use of the improvements for which this agreement is
granted.
5. 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 improvement and to allow
LD service connections to be made to said extensions or additions,
O
O
O without liability on the part of the "CITY. "
co
6. No person, firm, or corporation shall be granted a permit
O to use or be authorized to tap into the facility during the period
Q)
of ten ( 10) 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, or for street, signalization,
and lighting improvements, 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 thirty (30) days after receipt thereof, less
a 15% processing fee. Furthermore, 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 connections or related accessories located in
the facility or right-of-way, and dispose of such unauthorized
LATECOMERS AGREEMENT - 4
•
material so removed, without any liability on the part of the
"CITY" whatever. It is further agreed and covenanted that upon
expiration of the terms of this Agreement; to wit: Ten ( 10)
years from date hereof, plus extension if granted by City Council,
"CITY" shall be under no further obligation to collect or make any
further sums unto the "DEVELOPER. "
The decision of the Director of Public Works or his
authorized representative in determining or computing the amount
due from any benefited owner who wishes to hookup to such
improvement shall be final and conclusive in all respects .
7 . It is further agreed and understood that the
O
aforedescribed improvements to be undertaken and paid for by
CD
"DEVELOPER" have been or are about to be connected with the
O utilities/transportation 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 or transportation systems .
8 . This Agreement shall be placed for record with the King
County Auditor' s Office within thirty (30) days of final execution
of the agreement.
9 . Before the "CITY" will collect any latecomer's fee, the
"DEVELOPER" will transfer title to all of the improvements under
the latecomer' s agreement to the "CITY. " The "DEVELOPER" will also
assign to the "CITY" the benefit and right to the latecomer's fee
should the "CITY" be unable to locate the "DEVELOPER" to tender any
latecomer's fee that the "CITY" has received. The "DEVELOPER"
shall be responsible for keeping the "CITY" informed of its correct
LATECOMERS AGREEMENT - 5
extension will be granted upon written request for such extension
made by the "DEVELOPER" prior to the expiration of the agreement.
The latecomer's agreement will expire at the end of the ten year
period of time or, if extended, at the end of the extended period
of time, but in no event shall the latecomers agreement be of more
than 15 years in duration.
12 . By instituting the latecomer's agreement the "CITY" does
not agree to assume any responsibility to enforce the latecomer' s
agreement. The assessment roll will be a matter of public record
and will serve as a notice to the owners of the potential
O
CO assessment should connection to the improvements be made. The
— "DEVELOPER" has responsibility to monitor those parties connecting
O
07 to the improvement. Should the "CITY" become aware of such a
connection, it will use its best efforts to collect the latecomer's
fee, but shall not incur any liability should it inadvertently fail
to collect the latecomer's fee.
LATECOMERS AGREEMENT - 7
1
DATED THIS o9b, (, day of //61.44 , 19 .0 .
CITY • -N ENTON DEVELOPER
By: _ _` `, v. B
y•
ayo
BY: /ia' By:
Ci Clerk
CITY OF RENTON DEVELOPER
STATE OF WASHINGTON) STATE OF WASHINGTON)
ss . ) ss.
COUNTY OF KING ) COUNTY OF KING )
On this ,?..(p° day of On this day personally
Od-olfeir , 19 90 , appeared before me
before me personally appeared L_ A/j.4 614L-4 X
0 r C.!y er and
Atari/414 ,y: f okrse", to me known
CY) to be the Mac,or
CD
and (Grantor/s) to me known to be
00 City C(erk of the the individuals(s) described in
O municipall✓✓ corporation that and who executed the within and
executed the within and foregoing instrument, and
O foregoing instrument, and acknowledged that S/4-
C) acknowledged said instrument to signed the same as 1.1 -12.-.
be the free and voluntary act free and voluntary act and deed
and deed of said municipal for the uses and purposes
corporation for the uses and therein mentioned. Given under
purposes therein mentioned, and my hand and official seal this
on oath stated that he/she was 267-r14 day of OTO ?5�JC.._ ,
authorized to execute said 19 9Q .
instrument and that the seal
affixed is the corporate seal / �/
of said municipal corporation. Signatur- 0 Officer & Official
Seal
IN WITNESS WHEREOF, I have =
hereunto set my hand and ` ` _ _
affixed my official seal the Notary Public in and fm the - 4
day and year first above Stat of Washington, rcasiaing-"
written. at Cv
My appointment expires : /l ' ?
Si•nature & Tit e of Officer CITY8 . 09 :as .
. 4 ' _ nt.
Notar,l Public in and for the
Stat-1+•frWashington, residing
in 14
My appointment expires : ii�9/q'l,
LATECOMERS AGREEMENT - 8
•
•
EXHIBIT "A"
NOTICE OF ADDITIONAL WATER OR SEWER
FACILITY TAP OR CONNECTION CHARGES
REQUIRED BY RCW 65.08.170 (3)
(RCW 35.92.025)
MUNICIPALITY - CITY OF RENTON, WASHINGTON ADDITIONAL TAP OR CONNECTION
CHARGES PER: SANITARY SFWFR I ATF('OMFR AGREEMFNT S-3130
PROJECT NO.: S-380
CD
ORECIPIENT: L I NDA TOMLAN
BRIEF PROJECT DESCRIPTION: I nsta I I at i on of 150 ft. of 8" PVC Sanitary Sewer Mai n
in 104th Ave. S.E. between Mill Ave. S and S.E. 166th St. , per approved plan
TOTAL ASSESSMENT COST: $ 21 , 182.60
TOTAL ASSESSABLE FOOTAGE: 30,921 .40
(Front Footage or Square Footage)
TOTAL COST PER FRONT FOOT OR SQUARE FOOT: $ 0.68505 •
If there is any question regarding the paid or unpaid status of the following assessments, please call the City of
Renton, Utility Engineering Department at 235-2631.
Sheet 9
• ,
EXHIBIT "A"
PRELIMINARY ASSESSMENT ROLL
LEGAL ASSESSABLE ADDITIONAL
OWNERSHIP DESCRIPTION FOOTAGE CHARGE
1. Tomlan, Linda L. Acct #008700-0091 ($9,831.60)
10405 SE 166th Lot 1, Blk 2 14,351.70 Developers
Renton, WA 98055 Akers Farms #5 sq.ft. Pro-rata
W 110 ft. Share
2. Nichols,Howard H. Acct #008700-0095
16618 104th SE Lot 2, Blk 2 8,284.85 $ 5,675.50
Renton, WA 98055 Akers Farms #5 sq.ft.
W. 127 ft of N
65.235 ft.
Lr3 3. Cantellay, Milton C. Acct #008700-0096
Jr. Lot 2, Blk 2 8,824.85 $ 5,675.50
CT) 1662416624 104th SE Akers Farms #5 sq.ft.
Q Renton, WA 98055 W 127 ft of N
65.235 ft.
30,921.40 sq.ft.
Q
Sub-total Assessment Cost of Recovery $11,351.00
Less 15% Processing Fee Due City of Renton -1,702.65
$200.00 Credit for Deposit + 200.00
Total Latecomer Due Developer $ 9,848.35
Parcel No.1 is owned by the developer and is not assessable under the terms of this latecomer agreement.
The portion of Parcel No.3 described above does not constitute a legal sub-division of the original parcel.
RCW6508/AMH/amd
Sheet 10