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HomeMy WebLinkAboutLA 6672159 vc� 4Q'� PACE 6(17 1. 9 - - L C. / . P 7� 4 AGREEMENT AND CONVEYANCE RE SEWER LINES AND APPURTENANCES 1970 THIS AGREEMENT made and entered into this 79th day of Tnna , 11111111 by and between the CITY OF RENTON, a municipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to as "City", (% and Robert S. Swettenam & Frank N. Young, Jr. hereinafter referred �.0 to as " S & Y Company "; a Washington Partnership WITNESSETH: WHEREAS s Y Company is desirous of installing certain sewer lines and appurtenances thereto at, near or within the hereihbeloy described property and to connect same to the City's Sanitary Sewer System so that suchimprovements will constitute 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 Chapter 261 of the 1959 Sessions Laws, generally referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91.010 et seq)"; and WHEREAS s & y Company is willing to pay all the costs and expensesfor the installation of said improvements; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1. S & Y Company hereby acknowledges and covenants ' that he is the owner of the following described property, to-wit: South 165 feet of the North 495 feet of the East 660 feet of the Northeast Quarter of the Northeast Quarter, Section 16, Township 23 North Range 5 East, WM, King County, Washington, except the East 30 feet thereof and less the West 206 feet thereof. and S & Y Company hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 495' storm sewer with catch basin from center line of Cemetary Road)South on Union Avenue to S. E. corner of described property. 495' sanitary sewer with manholes from center .line of Cemetary RoadlSouth on Union Avenue to S. E. corner of described property. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. s v f'nmp�y further covenants and warrants that all expenses and claims in connection with the construction - 1 - VOL 409 PAGE 19 and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at , S & Y Company expense, and S & Y Company covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. S & Y Company further certifies that the total fJ — estimated cost of said construction as hereinabove specified will be in the sum of or $5,148.00 for Sanitary & $5,098.50 for Storm $ 10,246.50 . Based on said total amount of cost, ow ta`X €` / or Sanitaryl= 10.40/1.f. the cost front lineal foot (strike out the inapplicable part) of said improvement shall be employed to determine the prorate reimbursement to S & Y Company 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. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. 4. S & Y Company hereby agrees and covenants to convey, transfer and assign unto City all right, 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 and storm its present sanitary/sewer system upon approval thereof by the City Engineer and after inspection of said construction. S & Y Company further agrees and covenants to execute and to deliver unto 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. S & Y Company further agrees and covenants to pay unto City such service or other charges as may be imposed bythe Ordinance of the Cityof Renton from time to time applicable to like users of PP 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 improvement 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 - 2 - 10 :1 PAGE 20 to tap into, hookup unto or use any such facilities or extensions thereof during the period of 5 years from date hereof, without first paying unto City, in addition to airy and all other costs, fees and charges made or assessed for each tap, hookup or use, or for the sanitary sewer facilities constructed in connection therewith, the amount required by the provisions of this contract. All amounts so received by the City shall Q' Lip be paid out by it unto s & v Company under the terms of this agreement N • r- within sixty (60) days after receipt thereof. Furthermore, incase 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 tile 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 covenanted that upon expiration of the term of this agreement, to-wits 5 years from date hereof, City shall be under no further obligation to collect or make any further sums unto S & Y Company • The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup or tap unto such improvement, shall be final and conclusive in all respects. 6. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for byS Y Compare have been or are about to be connected with the sanitary sewer system 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 sanitary sewer system. 7. 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 S & Y Company • 1970 DATED this 29th day of June CITY OF REN TON, a Municipal corporation & Y COMBANY, a Pa to er s hi p BY Cutn 4 ..e Mayor :lobert ,. we la BY rf/1/4-e4,0 7/6",(A.,,4_,Ly./1 ' A, Deputy City Clerk Frank N. Yo4 g, Jr , - 3 - A �f A A • • . - . „r14101. 40'Y .PfGE 21 • • • • • STATE OF WASHINGTON ) ) ss COUNTY OF KING ) • !rfr- 19 70 On this 2--6 day of , Ili, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Avery Garrett and Gwen Marshall to nn known to be the Mayor and Deputy City Clerk , respectively, of the City of Renton the corporation that executed the foregoing instrument, and acknowledged the 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 authorized to execute the said ,,, strument and that the seal affixed is the corporate seal of said corporation. • �r' 1 • ra•p AJITNESS my hand and official seal hereto affixed the day and year in 4-; `this ces't tate above written. y ••':*� * - ) vs: !7.: Nota y:Public innd afor the State *hL u °`•• +' of Washington, residing at Renton. 11F‘frJ 1#/{411 t/ .••• rl STATE OF WASHINGTON ) _ ss COUNTY OF KING ) �' 1970 On this 29thday of June , MI, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appearedRobert S. Swettenam & Frank N. Yquitp,mar known to be the • , individual described in and who executed the foregoing instrument, and acknowledged to me that theysigned and sealed the said instrument as a free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary P 'lie in and f o ' the State of Washington, residing at Rerrtzrn. /cut, o- ;0- ,,,, , `fir * vY .� •'pm: r�l�f' v„•• ix • v r �y ' w 1 4 - i Filed for Record 9'114).1-1)9 ) b Vem, Request of EDWARD J. LOGAN, Recorder • • • , • t • 111 IT , I tt $: k t I -SL t•J I ST CC CC t C4: .'11.4k..-*•••••.,.. RECORDED 409 recordsPAGE J.8 . - VOL i•7E0L'EST OF -ra —J > CI) • D ' • • , • c 1970 JUL 15 PM 2 37 cc z II F2 LC\- 0.2 ROBERTA. MORRIS AUDITOR CZ) I • •• KING ,„,„,a •4') -DEPUTY a No 1 ic r- c.D LIN • • • •r • .41 • 1 )4