HomeMy WebLinkAboutRES 0778I,/
RESOLUTION NO. 778
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RENTON:
WHEREAS, under Ordinance No. 1373 approving and confirming
the assessment roll of Local ImprovementDistrict No. 223 (Lateral
sewers on Renton Hill) the City ratified and approved a contractual
agreement executed under date of June 15, 19+9 by and between the
City and C. M. Costner and wife, as owners of Tract 8 of Renton Coopera-
tive Coal Company's Tract in the City of Renton, King County, Washington
wherein Costner and wife agree to grant the City a right of way and
easement for said sewer project across said Tract 8, in consideration
of which the City agreed to pay Costner a sum equal to the assessments to
be made, confirmed and levied against Tract 8 under said LID, and to
repair existing chicken house, concrete retaining wall and trees thereon
if the same be damaged by the work; and pursuant thereto C. M. Costner
and Edna Costner, his wife, executed an easement to the City of Renton
granting the right to construct, operate and maintain a sanitary sewer
with all manholes and appurtenances together with the right of ingress
and egress across said Tract 8, same dated June 15, 19+9; and pursuant
thereto a main sewer lateral was constructed and laid by contractor
Arthur J. Acton d/b/a Rainier Beach Plumbing Co., for the City, from
east to west across said Tract 8 and under said retaining wall, and a
branch sewer line was laid from north to south diagonally across said
Tract 8, with a manhole constructed thc,reon; and
WHEREAS C. M. Costner and wife with Fred L. Roberts and Emma
Roberts, his wife have made claim and suit against the City alleging
that Roberts and wife are Fee owners of said Tract 8 and Costner and
wife are Contract Purchasers thereof, and alleging trespass, with
damages to Chicken house, fence, three trees, retaining wall, fruit
and vegetable garden, and surface of the lot; and notice of said
claims have been given by -the City to the said contractor Acton; and
WHEREAS the assessments for said sewer levied and confirmed
against Tract 8 is the sum of $266.89 plus interest now accrued, $13.01,
which amounts are owing to Costner under aforesaid contract; and by
negotiation between the parties the value of the other damages herein-
above mentioned to said Tract 8 are the sum of $390.10; which makes a
total of $670.00 owing for easement and right of way and damages to
Tract 8; and
WHEREAS in compromise of claims against him for a portion
of said damages due to manner of the work, contractor Acton has in
writing authorized the City to retain and apply in settlement of
property owners' damage claims the sum of $200.00 now remaining due and
unpaid to him upon his contract with the City for the sewer project;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE; CITY OF REITION:
Section 1: The sum of 1$670.00 is fixed and allowed as
amount due owners of Fee and contract equity in aforesaid Tract 8
in Plat 1 of Renton Cooperative Coal Company's Plat of acre tracts
as filed 1 ss the south 45 feet thereof, being red L. Roberts and
wife Emm �, M. Co tmner nd wife Edna for sewer easement across
said tra and all dages to said tr.�ct from the exercise of rights
andperformanceA
of �.k und.r such easement under LID 223, and that
sum is due them under the above mentioned contractual agreement with
Costner.
Section 2: The City Clerk and Treasurer are authorized
and directed to issue and pay warrant against Local Improvement
District No. 223 to C. M. Costner and Edna, his wife, in the sum of
$200.00 as the contribution from contractor Arthur J. Acton toward
settlement and payment of aforesaid damaged, which payment shall
constitute full payment of that sum now due and owing contractor
Acton under his contract for the work and materials in said
improvement; as authorized by him in writing; and the Clerk and
Treasurer are further authorized and directed to issue and pay war-
rant against said Local Improvement Fund 13o. 223 in the sum of $470,00
to C. M. Costner and Edna, his wife in full payment, compromise and
satisfaction of all their rights and claims under aforesaid contractual
agreement of June i5, 191-9 with the City and of any and all other
claims which they have or claim against the City or others arising
out of aforementioned improvement and work and damages. In addition
thereto the City Superintendent of Utilities is directed to remove
from above premises the tree stumps, branches and broken concrete
blocks left thereon during the work, and to deliver to said premises
five yards of sludge from the City Sewage Disposal Plant. The pay-
ments herein directed shall be made when C. M. Costner and wife, Edna,
Fred L. Roberts and wife Emma, shall confirm grant of easement for
said sewer laterals construction, operation, maintenance with ingress
and egress, upon and across aforementioned tract, and upon dismissal
or satisfaction of aforementioned suit for trespass and damages,
brought against the City.
PASSED by the City Council this 27th day of June, 1950,
Wiley Cr --City Clerk
APPROVED by the Mayor this 27th day of June, 1950.
Joe R Baxter - Mayor
Approved as to form;
�'
Arthur L. Haugan
City Attorney