HomeMy WebLinkAboutLA 6438303 •
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•• C: A.G. 1366-68
6438303
• AGREEMENT AND CONVEYANCE
REQ WATER MAINS AND APPURTENANCES
THIS AGREEMENT made and entered into this , /,.44-- day of / 4 1968
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",
INSURANCE COMPANY As Trustee,
CCO and PUGET WESTERN, INC. & TRANSAMERICA TITLE/ hereinafter referred to as
Owners m•
WITNESSETH:
WHEREAS Owners are AS desirous of installing certain
water lines and appurtenances thereto at, near or within the hereinbelow described
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 Sessions Laws,
generally referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 .010
et seq)"; and
WHEREAS PUGET WESTERN, INC. 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: AMERICA TITLE INSURANCE COMPANY, as trustee,
1 . PUGET WESTERN, INC. & TRANS-/ hereby acknowledges and covenants thatth '
arej the ownersof the following described property, to-wit:
As attached hereto by Exhibit "A" and by this reference
made a part hereof. Exhibit "B" is attached for sketch
of area.
and Owners hereby agrees and covenants to cause to have
installed ' the following described improvements, to-wit:
Approximately 987 L.F. of 12" C.I. watermain, together
with all necessary appurtenances and accessories in
Grant Street between 12th Place South and Puget Drive.
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. Owners 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 Owners ' expense,
and Owners covenants and agrees to hold the City of
Renton harmless from any liability in connection therewith.
2. Owners further certifiek that the total
estimated cos,t of said construction as hereinabove specified will be in the sum of
$ 10, 814.50 . Based on said total amount of Cost, theczast-bupixxxiciamoixaottar
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the cost per front lineal foot (strike out the inapplicable part) of said improvement
CO
Mshall be employed to determine the pro rata reimbursement to Puget Western, Inc.
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 facili-
ties, 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 said
aforedescribed improvement is in the public interest and in furtherance of public
health and sanitation.
4. Owners hereby agrees and covenants to convey, transfers
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 its present
Water Main System upon approval thereof by the City Engineer or Superintendent of Utilities
and after inspection of said construction. Owners futher agrees and
covenants to execute and to deliver unto the 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. Owners 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 addi-
tion 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 connection therewith, the mount
required by the provisions of this contract. All amounts so received by the City shall
be paid out by it unto Puget Western, 'Inc. under the terms of this agreement
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
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first made, the legislative body of the City may cause to have removed such un-
authorized 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 of this Agreement, to-
wit: Five (5) years from date hereof, City shall be under no further obligation
CO to collect or make any further sums unto Puget Western, Inc.
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or) The decision of the City Engineer or his authorized representative in determining
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CO or computing the amount due from any benefited owner who wishes to hookup to such
�-� improvement, shall be final and conclusive in all respects.
6. 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 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 he
undertaken and paid for by Puget Western, Inc. 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 legislative 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 Puget Western, Inc.
Dated thi•s,,,., ,,,,LL.... / day of November _ , 1968.
CITY OF, `., _ ' , ;v F Corporation Owner; PUG ESTERN, INC.
By By: '
. /!ifiAlt..../
T- A0 ' P'ICA TITLE INSURANCE COMPANY, As
BY: - t� � :1.��;:.� By: ' . �. 1r•-, �._--�' Trustee
• I ty Clerk ....�. cam,,...
STATE OF'!�1 .14N'(1 ON �e
COUNTY OF KING - )
On this day personally appeared before me D. W. Custer and Helmie Nelson to
me known to he 'Mayor and City Clerk respectively, of the municipal
corporation that executed the within and foregoing instrument, and acknowledged said in-
strument to he 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_,..1/--day of 196$
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Nstiry 'ublic in and 6F- the State of
Washington, residing at
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STATE OF WASHINGTON)
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COUNTY OF KING )
On this day personally appeared before me RUSSEL E. OLSON and
to me known to be the Ass ' t Vice President
and respectively of the corporation that executed the
within and foregoing instrument, and acknowledged 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 the 31st day of October 1968
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e- J.,`?./�- c-1 ,,a_? Nay Public in and for the State of,, „ • zi Washington, residing at Rentsm Seattle
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STATE OF WASHINGTON )
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COUNTY OF KING )
On th ' day personally appeared before me, the under igned, te . 6.
' #l's /�, , to me known to be the && / __) re
of Transamerica Title Insurance Company, the corporation that executed
the within and foregoing instrument, and acknowledged 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 is
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atli c3..�t. . to execute said instrument, and that the seal affixed is
,,�,,,b`1te- cor•., , e seal of said corporation.
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GIVEN undeY• y hand and official seal this 4Miday of - 1968.
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' ,t't ;�;r3' Notary =ublic in and for the State of
Washington, residing at
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vol. 411 Incf.24-1 5
EXHIBIT "A"
That portion of the Southwest One-Quarter of Section 20., Township .23 North,
Range 5 East, W.M. , described as follows: Beginning at the northeast
corner of said Southwest One-Quarter; thence S 1°46'02" west along the east
line thereof 317.79 feet to the southerly line of Bonneville Power Administration's
right-of-way as recorded under Auditor's File No. 5178076; thence S 89°10'20"
west along said southerly line 527.26 feet; thence S 26°09' 18" west along the
southeasterly line of aforesaid right-of-way 1 ,014.06 feet to the northeasterly
line of Bonnevile Power Administration's right-of-way as recorded funder Auditor's
pp File No. 3292927. and the true point of beginning; thence S 42°35'54" east along
t'r) said northeasterly line 371 .95, feet to the west line of an undedicated road;
thence north J050'28" east along said west line 532.56 feet to the southerly line
of Prosper Ethier Road; thence N 57°08'26" west along said southerly line
128.28 feet to the southeasterly line of aforesaid Bonneville right-of-way
under Auditor's File No. 5178076; thence S 26°09' 18" west along said south-
easterly line 365.51 feet to the true point of beginning.
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LAT E - COMERS 12THLa ,—).
AGEEET
Exhibit " B� 1
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STREET COVERED BY LATE COMERS
AGREEMENT BY THUS 1:.,—=';'""71
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PUGET
Filed for RecordWert),Rz194r /s (�R'VE"
Request of CITY CLERK f� -d--,,
ROBERT A. MORRIS, County Auslitor
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RECORDED
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