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HomeMy WebLinkAboutLA 6479469 4 5209 .100 C.# N.C/ ---ey AGREEMENT AND CONVEYANCE Approved astots+Foul RE: WATER MAINS AND APPURTENANCES Mit. Gen. Aero THIS AGREEMENT made and entered into this day of , 1969, by and between the CITY OF RENTON, C.7% a municipal corporation of the second class under the laws and statutes of the State of Washington, hereinafter referred to as "City, " and GLACIER PARK COMPANY, a Minnesota corporation, herein- after referred to as the "Owner, " WITNESSETH : WHEREAS, Owner is desirous of installing certain water lines and appurtenances thereto at, near or within the hereinbelow de- scribed property and to connect same to the City' s Water System so that such improvements 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 Session Laws, generally referred to as a "Municipal Water and Sewer Facilities Act (RCW 35.91.010 et seq)" ; and WHEREAS, Owner 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. Owner hereby acknowledges and covenants that it is the owner of the following described property, to-wit: NE 1/4 of the NE 1/4 of Section 36, Township 23 North, Range 4 East, and the NW 1/4 of NW 1/4 of Section 31, Township 23 North, Range 5 East (See Exhibit A for sketch of area) and Owner hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 1130 L.F. of Class 1, 1 • . • 5209 • n • 24" D.I. Water Pipe, and 2352 L.F. of 12" Class II, Water Pipe with Fire Hydrants and all necessary appurtenances, in So.. 180th Street from East Valley Highway to 80th Avenue S.E. ; such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. Owner further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at Owner expense, and Owner covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. Owner further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $69, 000. 00. Based on said total amount of cost, the cost per front lineal foot of said improvement shall be employed to determine the pro rata reimbursement to Owner 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 differ- ent 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. Owner hereby agrees and covenants to convey, transfer and assign unto City all right, interest and title in and to said improve- ments and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; City agrees to accept 2 : . • : 52o9 m and maintain said improvement as part of its present Water Main System upon approval thereof by the City Engineer or Superintendent of Util- ities and after inspection of said construction. Owner further agrees and covenants to execute and to deliver unto the City any and all documents including Quitclaim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the City and to effec- 1''; tuate this conveyance and transfer. Owner further agrees and covenants to pay unto the City such service or other charges as may be imposed by the Ordinance of the City of Renton from time to time applicable to like users of 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 to tap into, hookup unto or use any such facilities or extensions thereof during the period of five (5) 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, hookup or use, or for the water main facilities constructed in con- nection therewith, the amount required by the provisions of this Contract. All amounts so received by the City shall be paid out by it unto Owner 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 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 (title 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 3 52O . of this Agreement, to-wit, five (5) years from date hereof, City shall be under no further obligation to collect or make any further sums unto Owner. The decision of the City Engineer or his authorized repre- sentative in determining or computing the amount due from any benefited owner who wishes to hookup to such improvement, shall be final and 1 conclusive in all respects. r-- 6. The City reserves the right, without affecting the validity NT •''a or terms of this Agreement, to make or cause to be made extensions to or additions of the above said water mains and to allow service connections to be made to said extensions or additions, without liability on the part of City. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by Owner have been or are about to be connected with the water main system of the City, and upon such connection and acceptance by the City through its legisla- tive body, said extension and/or improvement shall be and become a part of the municipal water system. 8. 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 Owner. 7��h�r�G 1969. DATED this --'"`� day of �.. , CITYRENTON, a Mun cipal Corporation By 4%' �., 7)/(1 Mayor By A: f PC...l Q I 1� �'' 11,.4 /• '�' •. ts;4Y�. h 1 Cil; a .a:;:1x2-*ice OWNER I . ,�. 1 ),A 4:;'¢ GLACIER PARC' COM . 4= .. Vgcp ,r By ,, i*1 - Vice President 4 .. . . ' • 209 113 t STATE OF WASHINGTON ) ) ss. County of King ) On this day personally appeared before me }Us EA>- and \-\ _ E \`3 , to me known to be the Mayor and City Clerk, respectively, of the City of Renton, the municipal corpo- ration that executed the within and foregoing instrument, and acknow- ledged 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 said corporation. GIVEN under my hand and official seal this 4-r"- day of W,,, , 1969. l t , : Notary/Public in and for th State of Washington, residing at• • STATE OF WASHINGTON ) ) ss. County of King ) On this day personally appeared before me CLARK A. ECKART, to me known to be the Vice President of Glacier Park Company, the corpo- ration that executed the within and foregoing instrument, and acknow- ledged 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 he was authorized to execute said instrument on be- half of said corporation. GIVEN under my hand and official seal this rr ` day of 2 'GC�L , 1969. ice , n ‘, ae a 2 / - •�_ ;� �•- ,A % A NotaryubCliccl in and for t State of � z " ;� Washington, residing at -A, 5 it.s,, `• `6 z 2 ii j s�i U n —J.,...,.11. itr ri .03 - ' • , 5(—))' f , ( 1 I • , I • I 1 r 11 l C A ( ( I • • I I " NO . 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U ;I Y t`:' '- o N n ^ 0 � M � I�l z .0 O I ctf N M ---, Z o- Q -J , II M.rlf • O U i' l▪it - zI cc u. $°31' 12•" E it 1337.343w i �I 1337.342' cn I I N. 1°07. 50"E ••444.7$• .4ORIN . I' L I BO' ROADWAY .n 11 o I°00 C ' Road Easement to Starno1F .� ' II o 8• ip A 0. Q M l v '• o: u .:1i.113.4 ;I ..;' 0 • ' - ---r__ __ :I .-- o 1s I 1 --- III N N M — 11.1_ O W. 1328.977• 'I — --- 1318.979•----- I,I o ji0 o. I °0 - 111 • 2 a t. HIR ° t� ?err M ___________ ..__-- , _ GLACIER PARK CO. 7------------• PeoP O S ED WATER L/NE RENTON , WASH.2 Scale I " = 400' ,fan 9, /968 Office of Asst. Chief Engr. Seattle Mash. 111,0,) riled tor Recor j,,‘4,--. 6 196 Request of( �1. ) �Y•.-'-c G' l ROBERT A. MORRIS. unty Auditor r • li i l CITY CLEF tova eilat • korikviseOFFICE OF THE CITY CL :;i;f -_;;f.%`a It1lr r 1rRL TiLU(a. 200 MILL AVE. SOUTH .�, "IN . .