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HomeMy WebLinkAboutLA 7403150408 LCAG 009-74 AGREEMENT AND CONVEYANCE RE SEWER LINES AND APPURTENANCES THIS AGREEMENT made and entered into this 11 day of March ,1974 , 11111. 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 WILLIAM L. McLAUGHLIN, JR. , an individual hereinafter referred aD Oto as " Developer n. WITNESSETH:CD Cv-.) WHEREAS DEVELOPER is desirous of installing certain CD 1 r' sewer lines and appurtenances thereto at, near or within the hereibbelov 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 DEVELOPER 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. DEVELOPER hereby acknowledges and covensults that he is the owner of the following described property, to-wit: The N. 133 ft. of the East 265' of that portion of the S 1/2, of the SW 1/4, of the N.E. `- 1/4 of Section 31 , Township 23 North, Range 5 East, W.M. lying westerly of the Kent- Renton Road (Talbot Road S. ) and DEVELOPER hereby agrees and covenants to cause to have installed the following described improvements, to-wit: 8" CONCRETE SANITARY SEWER Main and Appurtenances in Talbot Road S. from a point 510 feet South of the centerline of S.W. 43rd Street (S. 180th St. ) to a point 663 feet south of said centerline of S.W. 43rd Street. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. DEVELOPER further covenants and warrants that all expenses and claims in connection with the construction - 1 - L Ales- ! • aa • fAr and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at DEVELOPERS expense, and DEVELOPER covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. DEVELOPER further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 5,177.82 . Based on said total amount of cost, t XWEXGXOV`k/ or © the cost er front lineal foot (strike out the inapplicable pert) of said improvement CD shall be employed to determine the prorate reimbursement to DEVELOPER CO by any owner of real estate, who did not contribute to the original cost of such O d" improvement, and who subsequently wishes to tap into or hook unto or use said facilities, f�- 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. DEVELOPER 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 its present sanitary sewer system upon approval thereof by the City Engineer and after inspection of said construction. DEVELOPER further agrees end 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. DEVELOPER further agrees and covenants to pay unto 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 - 2 - 0 _. ..• ,w i ► 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 be paid out by it unto DEVELOPER under the terms of this agreement within sixty (60) days after receipt thereof. Furthermore, incase any tap, hookup or a) CDconnection is made into any such contracted facility, without such payment having been CD lfirst made, the legislative body of the City may cause to have removed such unauthorized CD tap, hookup or connection, and all connecting tile or pipe or related accessories located r— 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 DEVELOPER 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 of oredescribed improvements to be undertaken and paid for by . DEVELOPER 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 DEVELOPER . DATED this 11th day of March , MOOR. 1974 CITY OF REDJTOn,, a Mun'//ipal corporation / By �'.j_,v�'f')''.. /YIA/1A0 �. I� ./ ,,/ : ' �`3a. :o W LLIAM L. McLAU HLIN, :R. By , _9. X 4509 Talbot Road S. + ' (x7' 1 '3. : " City. Clerk_ • i , 'r,e .•� T '),, - 3 - .• V 14.• • • 6 • I!„ •, IF it • • 0 _ - ,• r ..- • • - • S S A." t• • • STATE OF WASHINGTON ) ) ss • COUNTY OF KING ) A} On this11th dayof 1 -March b f m ,.. a ore e"-„,,the, under ,i ned. _:a t ,"1 g , O Votary Public in and for the State of Washington, duly; commissioned" and sworn ' personally appeared Avery Garrett ,Delores�A:•-Mea°d'' - .'.1:;•t .- -- - '°t " C to Es known to be the Mayor and Cit ' l'e'rk;` `ri s Y`.C�r, ,r •:f ';,,respectively, of City of Renton the -corpora`tion thaC executed' 'the.... CO foregoing instrument, and acknowledged the said instrument to be the free and 'O voluntary act and deed of said corporation, for the uses and purposes therein �.�., mentioned, and on oath stated that Same authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. — WITNESS my hand end official seal hereto affixed the day and year,•, n '''r;.:�y-'•<:_ this certificate above written. .;; J �.. Sb,� :I.?`4,;''''' . v�aLC1 �r~t '' a d •w0 _a Notary Public in and for the: ,:tatea-' ,p�Q: ` . ,.. rti ,. ., of Washington, resid,.ng at<Ilent6n/..(/) STATE OF WASHINGTON ) n .'uA� 't',- COUNTY OF KING ) ;0974 On this llthday of February , OM, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared William L. McLaughlin , to me known to be the ri ,' : individual described in and who executed the foregoing instrument, and acknowledged to me that signed and sealed the said instrument as his 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. �� P� ;/, ota P "sem" in and for the State nN `_c '� of Washington, residing at Renton. '`�0.A�Y� ,t'� --. s OF '",,,,,,,,n,."1"4:--..: - 4 - L- / • 51 FILED for Record at Ree Nest di FiLED for Retard at fiequiest 04 . , . . . OFFICE OF THE CITY CLERK aiiroi•olitiataQUALUIXICIRAL..RALIAC9powwwwww•so . goo MILL AVE. SOUTH • 4 4 • (v.:1° -t to 4 <, • ttL-1.0 tor at RIKatist CD • 'HSVM S-N14 • 11011013 1 SO403a • 110403tha *tom* . co • h$ • . . Vitt Si JVIPi r— C..02 —11 4.411 0034 , -