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HomeMy WebLinkAboutLA 5157681 -7.111111.11111 Ca ,C, c.i AGREEMENT AND CONVEYANCE i THIS AGREEMENT made and entered into this 30th day of March, 1960, by and between the CITY OF RENTON, a municipal cor- poration, hereinafter referred to as "CITY", and RENTON SCHOOL DISTRICT NO. 403, Xing County, a municipal corporation, hereinafter referred to as "DISTRICT"; WITNESSET H: WHEREAS, DISTRICT is presently engaged in the construction of a new elementary public school, to be known as the Honey Dew Elementary Scaool, located on portions of the northwest quarter of Section 10, Township 23 North, Range 5E., W. M. , King County,which property has heretofore been annexed to the City of Renton, Washington; and WHEREAS, DISTRICT wishes to construct certain sewer facili- ties between the existing CITY facilities and the new elementary school to be constructed and all of such construction to be at DISTRICT"s sole cost and expense; and WHEREAS, no other property owners or users are presently available to share in the cost of the construction of such sewer facilities, and the parties having in mind the provisions and terms of Chapter 261 of the 1959 Session Laws, known as the "Municipal Stater and Sewer and Facilities Act"; N0W THEREFORE, IT IS HEREBY AGREED AND COVENANTED by and between the aforesaid parties, as follows: 1) DISTRICT hereby agrees and covenants to install, construct, and do all things necessary, at DISTRICT's sole cost and expense, a cer- tain electric motor operated duplex sewage ejector and an eight inch sanitary sewer line, together with all necessary electrical and mechan- ical equipment, pipes, accessories, fittings, valves, manholes, includ- ing all necessary labor relative to trenching, excavating, backfilling and restoration of all public streets and throughfarep, all in compliance - 1 - • l I _ t v • • V• 1 1 • • n Gil 4 , 'V 106 RicE440 with the laws and statutes of the City of Renton and the State of Washington, which sewer improvement and accessories shall be located and constructed within the following routes and streets: Beginning on 132nd Avenue S.E. at a point 460 feet north from 7th Avenue North; thence south along 132nd Avenue S.E. to 7th Avenue North; thence west on 7th Avenue North to the exist- ing City sewer manhole at "0" Street; and all the aforesaid work to be constructed in ac- cordance with the plans and specifications of the Engineering Department of the CITY OF RENTON; particular reference being hereby made, among others, to City Ordinance No. 1620, regulating street excavation. It is hereby found and determined that the construction of said sanitary sewer facilities is in the public interest and in furtherance of public health and sanitation. 2) Upon the completion of the sanitary sewer facilities as hereinabove stated the CITY OF RENTON, by and through its legisla- tive body, shall, upon proper certification by its City Engineer that such work has been properly performed, be authorized to accept said facilities and upon such acceptance, all of such facilities, together with all accessories, equipment and machinery, shall there- upon become the property of the CITY OF RENTON; DISTRICT agrees to execute and deliver to the CITY OF RENTON any and all documents, quit claim deeds or bills of sale, that may be required to affectuate the terms of this Agreement. Thereafter, DISTRICT agrees to pay unto the CITY such rates and charges as are authorized by law, and the CITY shall be responsible, after such conveyance, for the main- tenance and operation of said sewer facilities, unless otherwise mutually agreed. 3) This Agreement shall be effective for a period of ten years, which period shall commence on the 1st day of April , 1960, and terminate on the 1st day of April , 1970, the total cost to be paid by the DISTRICT for such sewer facilities, as hereinabove stated, is the sum of Twelve Thousand Six Hundred Twelve and 60/100----Dollars, and DISTRICT agrees - 2 - I to furnish unto CITY a certified Statement of Costs, duly itemized. Based on said total amount of cost, the cost per square foot of said improvement shall be ascertained, and such unit cost per square foot shall be employed to determine the pro rata reimbursement to DISTRICT �- �h J 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 V) hook unto or use said facilities, which tap or hook unto shall include connections to laterals or branches connecting thereto, all subject to the laws and ordinances of the CITY OF RENTON. 4) No person, firm or corporation shall be granted a permit or be authorized to tap into, hook unto or use any such sewer facilities or extension thereof, during the period of time prescribed hereinabove, 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 there- with, the amount required by the provision of this contract. All amounts received by the CITY shall be paid out by it unto the DISTRICT under the terms of this Agreement within sixty (60) days after receipt thereof. Furthermore, in case any tap, hook-up or connection is made into any such contracted sewer facility, without such payment having first been made, the legislative body of the CITY 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 unauthorized material so removed, without any liability whatsoever. It is further understood and agreed and upon expiration of the term of this Agreement, to-wit: April 1 , 1970; the CITY shall be under no obligation to collect or remit any further sums unto the DISTRICT. - 3 • 6 • * , • ` VOL '1 O) PAGE4 ;c - ' ' .` • 1;• 11'i 1►1�• a . "!3ATE{7 tfiis 30th day of March, 1960. ,'`� "' -. Y G-11114 C R.NTON' RENTON SCHOOL DISTRICT N6 ..403----., ' cr 1Pt ' ., , }1. i , • Cs ., King County ,., - ° ,.....___)r. i i" B " L , r.� By i 1001'• .t..o� Mayor President 41, vY �SV/, /// / / B i � � ie—,1:4,-z,)ie—,1:4,-z,) By City C erk ecr-tary / STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this =.ne( day of s • , 1960, before me personally appeared Joe R. Baxter and Vern Morris, to me known to be the mayor and city clerk, respectively, of the municipal corporation that executed the within and foregoing instrument, and acknowledge said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on ":: ,-;aat- stated that they were authorized to execute said instrument and ;, .1'• };:+ t the seal affixed is the corporate seal of said corporation. As,`-- ' '' -‘ IN WITNESS WHEREOF I have hereunto set my hand and affixed idy official seal the day and year first above written. •, c. )`'' 4.' r '7:7:4_44_277&.... c1 � "`_� _ --iGIL..a/►' E �'`I _ otary Public in and for the State of Washington, residing • at Renton STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this 30th day of March , 1960, before me personally appeared Clarence Bunstine & H.R. Johnson , to me known to be the President and Secretary, respectively, of the corporation that executed the within and foregoing instrument, and acknowledge said instrument to be the free and voluntary act and deed of said ;,a3 corporation, for the uses and purpose therein mentioned, and on i•..' b 1 _ oath stated that they were authorized to execute said instrument and , , v `: that the seal affixed is the corporate seal of said corporation. : *7 ,• . / } '=• t, ... �. 't/rI'.. .; S IN WITNESS WHEREOF I have hereunto let my hand and affixed•. itt • my official seal the day and year first abs e written. �` f -- jS Nota y Public in - d for the filed for Record � �e 19 6. Stat- of Washington, residing Request of . at Renton ROBE A. MORRIS, County Auditor - 4 - :4•••" ) ‘ • N _ . s„..51 1 / • 4935 . .. ... Deeds k' 1 • '1 f I' •- .........1 , :11 26.5 1 .•:' . . , i f‘ 0 .'' 3 ''. tO 43 - 1 t,. . , •• ,I., i . . , . . . /`, .., -,- I._. , ,. . .. • 1- . . • • i,.• ...," 272/ ' " -Z iø c% 1. 1 ) / / /1-, // All,.//5;:r1/ k/ II . 1 - 1 . 1 . • . . . . ,. . • . a .. .. • . ' ' * .. - _ . . ,.. , ,, • .