Loading...
HomeMy WebLinkAboutLA 7104220502 ilrY7 4111 t r . AGREEMENT AND CONVEYANCE RE SEWER LINES AND APPURTENANCES THIS AGREEMENT made and entered into this /,J-day of April , 1971 by and between the CITY OF RENTON, a municipal corporation of the second class under CD the l:sws end statutes of the State of Washington, hereinafter referred to es "City", Ln 0 N and Renton School District No. 403 hereinafter referred CQ CD to as " DEVELOPER "; i— WITNESSETH: WHEREAS DEVELOPER is desirous of installing certain sewer lines and appurtenances thereto at, near or within the heredh5elow described property and to connect same to the City's Sanitary Sewer System so that suchimprovemcnts 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 end 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 covcnan':., ' that he is the owner of the following described property, to-wit: See Schedule "A" and DEVELOPER hereby agrees and covenants to cause to have installed the following described improvements, to-wit: An 8" sanitary sewer line and appurtenances in 130th Avenue Southeast, Southeast 102nd Street, 132nd Avenue Southeast, Union Avenue Northeast, and northeast 19th Street BETWEEN Southeast 101st Street and Vashon Court Northeast. 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 - ri * . 4..,$ s 1 , .„• ' . . —•—... .... .. ...... —__... : ', 1 . - . . • . , V 1 • ' : .. . !. . . . .. .. - • - . -...... . . , . . . . .. • , ' , . . . . , ' - . .. . .•, •.. . . . . . . . - . ...... . . . . . . . . :..a.... . , e . '5 . . :_. . . .... ...... . . . . . - . ..- -- , %' - r ' . , .. , — . . . . .. .. . . . . . . , . . . . , . • „ • , !• !- • . . . . . , ' r•'. . ...'. ,•': ,: ,:-... .. , . .. ''.• . . • - ,..4 .., ... . i .. 0 , . . ...'„ . ... . . _ . . . . .. .. —. .. . . , S —; . ' . . . . . ...-0 . ',' ; '',...: '; - .. •0 .., . . .. . . ,, . ... ._. ., . . . . . .. . . ..t _ . . . , . .. . _— . .. ... . ... . _... _ — . .. . . . . , I . . .' . 0 _ . . - • . i I, .' . ' ; ..,• '., :''4- -5..'.. ' ; '; _ . . • : ' ... ; 5. .,. . . . . . . . . , • IC: ,..-: •,,, ,, . _ . I A— ] •1' r • k Schedule "A" C.A.G. 1792-71 Agreement & Conveyance re Sewer Lines & Appurt. — Renton School LEGAL DESCRIPTION The south half of the northeast quarter of the northeast quarter of N Section 4, township 23. north, range 5 East, W.M. , in King County, Washington, On EXCEPT that portion thereof lying within the south 1320 feet of the east half C7 of the northeast quarter of said section 4, and EXCEPT County Roads; N Subject to easement for electric transmission line over said premises as C'1 granted by instrument dated January 29, 1929, recorded under auditor's file No. 2515267: TOGETHER WITH the east 400. feet of that portion of the northeast quarter of the northeast quarter of Section 4, Township 23 north, Range 5 east, W.M. , in King County, Washington, lying within the south 1320 feet EXCEPT the east 30 feet thereof for road. . 1 . and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at DEVELOPER 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 $ 58,48S-on- _ . Based on said total amount of cost, xRRZtxomx A 4 N the cost ,er front lineal foot (strike out the inapplicable pert) of said improvement Q 0 shall be employed to determine the prorate reimbursement to DEVELOPER CV Kt by any owner of real estate, who did not contribute to the original cost of such CD 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. 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 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. 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 - . T-- 1 a.. . •ti.• .. • . . . _ .. •i t ._ . . . . .. . " , . r Jam. . .i-:- .- - ,.4.-..) . . • , ` • r .t • _ •. . . r . - - - • _ Yr' itJ'i . 1 . .. .. I r tC:. i , ,. i ,' ,.).. . •' • , • .. - ,r. . , . • . .':;• '1 r .. • . �1 1 .. , •_ . _ .. . . _ - J . ..... �a a • .. +' ' . • .. . r .? III . - - .til .. I . r , 7' -.. • r , • 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 auy 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 N O connection is made into any such contracted facility, without such payment having been ln Ofirst made, the legislative body of the City may cause to have removed such unauthorized N cptap, hookup or connection, and all connecting tile or pipe or related accessories located N 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 er 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 tapunto such improvement, shall be final and conclusive in all respeets. P � 6. It is further agreed and understood that the eforedescribed 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 munEipal 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 THE DEVELOPER t 4,. n. ,.. I r :i If; S f t Y. p+.4 DATED this( ��day of Aril , 1:9 7)_ 's , ;•,y "�,r t' . ••,}M�)ro. .:. CITY OF TON, a Mu 'cipal corporation RENTON SCHOOL DISTRIC1 F.Q= sW; By ' .. 04. ..,V.,121 , &i. / _//" BY ""` - ' • * ' > * 74 - ,64.-AJ Ak .i. 41111Pr..,41/11167 ' '-' ' t .r` ' ITY CLERK Secretary - t '� p,, •, thy' — 3 - L• - I. • V ailV '_• • • • • • i• • . .. �n r . ' ' • STATE OF WASHINGTON ) ) ss COUNTY OF KING ) /970 On this ati day of ��lia ,v4r1 , 19605, before me, the undersigned, a Notary Public in and for the Sta0 of 6 ashington, d91 .,mmissioned and sworn personally appeared etaand to iae k own to e,,, the /© and . s/�% , respectively, of l(�,e , . Z 0.7'. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and CV voluntary act and deed of said corporption, for the uses and purposes therein 0 ...f-aie`ntirped, and on oath stated that i�iey a €'. authorized to execute the said O ` A,rli4rlime'#4. and that the seal affixed is the corporate seal of said corporation. c\r tet, t K-'` ,fiT(,ly' •' FITNESS my hand and official seal hereto affixed the day and year in ,ahis 'ce�rtiif Cateabovewritten.• • `- �> 4.,(46,6,i tory Public in and for the Sire .,, "i'' `�,�'>• of Washington, residing at Ren on. ife t i:.s.x'i1'� . STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On thisZ"Iday of April , 197•lbefore me, the undersigned, a Notary Public in and for t e State of Washingt n, duly commissioned and sworn personally appearedlt_-u.eAy A4.:,, ,e , to me known to be the individuals described in and who executed the foregoing instrument, and acknowledge to me that signed and sealed the said instrument as a free and voluntary act and deed for the uses and purposes therein mentioned. A -,11 0,• f'��TITNESS my hand and official seal hereto affixed the day and year in N. '/this' celrt•if*tate above written. 'Z' z ri '1 ' ` 3- •" ...40-•;.--.—.7.:�---2 = a4 Cil✓z--!C�a.j ,� _. 7.-- n - 1- . ' i z NotPublic in and for the Sta lin " g� of Washington, residing at Renton.. 4iirlieti,e,00° 4 1 l 1 r . • '1 N • • -..n',.c,-. CIA t .�,�-r _ 2,.,,, od, }2. f -=v • n �. 1 . I. • ., • • '': r • • j .. 3 . ' . ' "r . i 4 C.A.G. 1792-71 AMENDMENT TO AGREEMENT AND CONVEYANCE RE . SEWER LINE Pursuant to the terms of an agreement and conveyance re sewer line made and entered into between the City of Renton and Renton School District No . 403, for the Sierra Heights I CVQ OElementary School, paragraph 2 , page 2 of that agreement is Nhereby amended to substitute the total actual cost of the V' Q improvement in the amount of $63,986 . 62 for the total estimated h— cost . Paragraph 6 , page 2 and page 3, is hereby amended to substitute a time period of 10 years for the present time period of 5 years . All other terms and conditions of said Agreement to remain in full force and effect . CITY OF RENTON A Municipal Corpor.«r ,, .,: s__ �r r 0 ! ' 4' r `"•' X17 Y? 1, `�/ By � = `4 ,'�. � 1-:C •C1�1 et,k RENTON SCHOOL DISTRICT NO. 403 BY( 5 //l14sf � � -�� President , Boar of Dire tors B Y WO ecretaripploard of Directors ' l ' . ^ . . . , ° ^ - ^ . ^_ _ ` . , • . . STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me AVERY GARRETT and HELMIE NELSON , to me known to be the Mayor and City Clerk , respectively , of the municipal corporation that executed the within and foregoing instrument , and acknowledged said instrument to be the free and coluntary 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 '...7,-•, -- „,,: ;edy April , 197l fl.:1:':+:: * ' .” ';',\$, i.L 1. id//". , ±1....11.'"r . , � No ary Public in and for the getk". •''' `� -f State of Washington, residing Q \,'4' 4 e . l.' ." in Renton r CV oil- STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me BARBARA S . LALLY and H. R. JOHNSON , to me known to be the President and Secretary , respectively, of Renton School District No , 403 , the agency that executed the foregoing instrument , and acknow- ledged said instrument to be the free and voluntary act and deed of said agency , for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument . Given under my hand and official seal this aV� -,.day of ,, 7.,e,LizC: , 1970 . 2NLek ..,.':-Il'711 I/ ��`' ' . , •' N tary Public in and for t = •, •' S at of ashington, resid ng l • • t li tt° 4 RECORDED w VOL 11, PAGE . • REQUEST OF J m Com. J s � Q m ?TT •-� PM • x Ei . .....,z-<•••\..,,„\..z5 A N CD 0 z o/� nDI ECTO d , o f- R RECORDS & ELECTIONS't�i'Ik+J h z D KING COUNTY, W.`.,:Hl. F2\i Z w .w