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HomeMy WebLinkAboutLA 8009220612Pr AGREEMENT AND CONVEYANCE _ R0/09/22 1 D RE : UTILITIES SYSTEMS REL 5R00 • c:PSHSL :::+:*9 E li s 11 THIS AGREEMENT made and entered into this /4T1-4 day of �e.p-re m b•e.r 19 ky by and between the CITY OF RENTON, a municipal corporation acting as a Non- Charter Code City, under the laws and statutues of the State of Washington, • hereinafter referred to as "City" , and LYLE L. BARGER & ILA M. BARGER (His Wife) hereinafter referred to as 'Developer" ; CV WITNESSET H: OWHEREAS "The Developer" is desirous of installing certain water lines and Nappurtenances thereto at , near, or within the hereinbelow described property and to connect same to the City' s Utility System so that such improvements will coconstitute 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 Facili- ties Act , (RCW 35 . 91 . 101 et sec{) " ; and WHEREAS "The Developer" 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 . The "Developer" hereby acknowledges and covenants that the is the owner of the following described property, to-wit : Portion of Lot 7, Martin' s Acre Tracts Unrecorded; described as follow-s; the-East .311 .56 feet of the South 135 feet of the North 1/2, of the South 1/2, of the S.W. 1/4, of the N.W. 1/4, of the N.W. 1/2 of Section 15,- Township 23 North, Range 5 East, W.M. ; also known as Lots 2, 3, & 4 of King County Subdivision Application #7051 . and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements , to-wit : 625 L.F. of 8" D. I. water pipe in N.E. 2nd Street, beginning at Union Ave. N.E. (132nd Ave. S. E. ) running East. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. The "Developer" 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 the "Developer' s" expense, and the "Developer" covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. RECORDED ' v. ©FFICE OF THE CITY CLE SEP I u UNICIPAL BLDG '[ •200 MILL AV . S•-11" .• .. • • RECORDS s + RENTON, WASH. 98055 RC CO ` QF -LEFT/ONS .KING COL 1 711111111:2 . 7 The "Developer" further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 11 ,740 nn . Based on said total amount of cost , XteSX(X (X AX smoxixexamcdpr the cost per front lineal foot (strike out the inapplicable part) of said improvement shall be employed to determine the pro rata reimbursement to the "Developer" 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 connec- tions 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 afore- OJ described improvement shall be different from that set forth hereinabove , .D then this Agreement will be duly amended to set forth the total actual cost CD CV thereof. 3. It is hereby found and determined that the construction and installation CD CD said aforedescribed improvement is in the public interest and in furtherance CD of public health and_ sanitation. 4 . The "Developer" 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 en- cumbrance of any party whomsoever ; City agrees to accept and maintain said improvement as part of its present Utilities Systems upon approval thereof by the City Engineer and after inspection of said construction. The "Developer" further 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 he necessary to fully vest title in the City and to effectuate this conveyance and transfer. The "Developer" 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 exten- sions thereof during the period of 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 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 The "Developer" 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 * $11 .4554/Accessible Front Footage . 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 of this Agreement , towit : 5 years from date hereof, City shall be under no further obligation to collect or make any further sums unto the "Developer'. The decision of the City Engineer or his authorized representative in CV determining or computing the amount due from any benefited owner who wishes - to hookup to such improvement , shall be final and conclusive in all re- , CD spects . CV 6 . The CITY reserves the right , without affecting the validity or terms O of this AGREEMENT, to make or cause to be made extensions to or additions CD oD 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 improve- ments to be undertaken and paid for by Developer have been or are about to be connected with the Utilities Systems 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 utilities systems . 8 . This agreement shall be placed for record with the King County Auditor' s Office immediately upon execution thereof and all costs of record- ing shall be the responsibility of the "Developer". DATED THIS rip-racY1 -71 DAY OF S.er l'e vri b e h ,19 8'1° - CITY DCITY OF RENTON, a Municipal Corporation DEVELOPER: %� By: 0.) .4 .SQL. O c.Q� By: eco: ` 'mayor ,� ` „ 71'1 Q - 9 By : 41Airti %�� � BY : t . /1 .City Clerk STATEF WASHINGTON) ASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared before meecAP^c '"f'" °--'~--1 .e4,-cs4• /�eR-'C known to be) ' , /i .,? C vrespectively, of the municipal corporation th�a't executede 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 this /..5---2-'- day of le Notary Pu•lic in and or t State o Washington, residing at .Cyy/e$22,:t�Ji.es..,e�r, /3cPoV Se/3p..._./ 'n7`ofr, . SUBSCRIBED AND SW RN TO BEFORE ME is As day of , 19 61-41 FNotary Publicor State o ashington, residing at . r`