HomeMy WebLinkAboutLA 6416723 s. . . • 5735 267
6416723 A.G. 1364-68 .
AGREEMENT AND CONVEYANCE
REQ WATER MAINS AND APPURTENANCES
THIS AGREEMENT made and entered into this 1k-, .Aay of ®G�o6e_r , 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",
andJohn R. Butts & Wife Janis K. Butts, and Robert J. Butts
inafter referred to as
('*) and Wife Frances C. Butts
Cv Owner "•
WITNESSETH:
WHEREAS Owner is 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 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 he
is the owner of the following described property, to-wit: •
Proposed Plat of Newcastle Terrace, Sec. 3, Twp. 23 North,
Range 5 East. W.M. King County, Washington
See Exhibit "A" for Legal Description
See Exhibit "B" for Sketch of Area.
and Owner hereby agrees and covenants to cause to have
installed ' the following described improvements, to-wit:
250 LF. of 8" C.T. Water Pipe in 138th Ave. S.E. from S.E. 100th Pl. to
S.E. 100th St. and 458 LF. of 8" C.I. Whter Pipe on proposed SE. 100th St.
from 138th Ave. SE. to the East with an necessary Fire Hydrants and accessories.
and 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.
5735 268 •
2. Owner further certifies that the total
estimated cos,t of said construction as hereinabove specified will be in the sum of
$ 4,004.96 . Based on said total amount of Cost, the cost per square foot/or
the cost per front lineal foot (strike out the inapplicable part) of said improvement
m 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 facili-
Nt
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. Owner 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. Owner 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. 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 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 Ogler 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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• rt 5735 . 269
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: 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 representative in determining
or computing the amount due from any benefited owner who wishes to hookup to such
`-0 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 aforedetcribed 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 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 Owner
Dated this #..Q day of Q c-¢-a 6 e_r , 1968.
CITY OF RENTON-,,a Munioip. Corporation Owner; .•••.
By 1%4&iBY: `
L ; • . - \\. ).,),Mayor /
By: Vziftr4, —
�► - Y :'City Clerk r , . •�� : . ti
A�
STATE OF !^IASffI'N.GTON)-- ' 4( � `J'
c )ss'
COUNTY OF KING )
On this day personally appeared before me to
me known to he 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 day of 196 .
Notary Public in and for the State of
Washington, residing at
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5' 35 270
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
c/ 4` rie/9/u c e s L'%34 S
On this day personally appeared before me � 63&;e7
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to me known to be the individuals described in and who executed the within and foregoivaq,
instrument, and acknowledged that they signed the same as their free and vol t.�►itayocitt''•..a
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this f day of 6e:�.
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RECORCED
`-f) VOL .5Z35 mtgs OF
PAGE RE.QUEST OF
C=i
rrP, 7 PM
FILED for Record at Request of TT' 12 43
Name12:a.“. ROBERT A. HCFRIS AUDITOR
KING COUNTY WASH.
Address—fee2D---:--Z‘LE-7— ALTAi.O.K _ DEPUTY
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5735 • 271
Exhibit "A"
The North One-Half of the North One-Half of the Southwest One-
00 Quarter of the Northeast One-Quarter of Section 3, Township 23
N North, Range 5 East, W.M. , in King County, Washington; together
rp with that portion of the North One-Half of the North-One-Half
of the Southeast One-Quarter of the Northwest One-Quarter of said
.D
Section 3 lying easterly of the centerline of Newcastle Road
(138th Avenue S.E.) as it now exists 100 feet in width, EXCEPT the west
394.01 feet thereof; and also, TOGETHER with an easement for purpose
of ingress, egress and utilities over, under and across ascertain
right-of-way lying 30' in width and north of the following described
line, beginning at the intersection of the easterly margin of said
Newcastle Road (138th Avenue SE) and the south line of the North
One-Half of the North One-Half of Section 3, Township 23 North,
Range 5 East, W.M. , ; thence south 87°57'22" east along said south
line 406.60' ; thence south 88°01 '27'.' east 60.00' to the terminus
of subject easement.
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