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HomeMy WebLinkAboutLA 8306090732 "r' ' Project No. W-695 �� • r • O<- d _w Ys 06/0y 7 x:;« AGREEMENT AND CONVEYANCE . } „_ r_.„ {,jti Wa - RE: UTILITIES SYSTEMS CPD-SL THIS AGREEMENT mad an centered into this 7. day of EL .4A4bE2, 19. 2_ by and between the CITY OF RENTON, a municipal corporation of the second class under the C\2 laws and statutues of the State of Washington, hereinafter referred to as "CITY” and OGrady Way Associates, a partnership hereinafter referred to as "DEVELOPER"; 0) O WITNESSETH: OD WHEREAS "The Developer" is desirous of installing certain water )anusewenclines and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the City's Utility 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 . 101 et seq)"; 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 he is the owner of the following described property, to-wit; Lots 1 through 5 incl. , and 26 through 28 incl., Block 28 C.D. Hillman's Earlington Gardens Addition, as recorded in Volume 17 of Plats, page 74 records of King County, Washington. and the "Developer" hereby agrees and covenants to cause to have installed the following described improvemnts, to-wit: Installation of approximately 572L.F..F, of 12" D.I. waterline and approximately 155 L.F. of 10" C.I. waterline and all appurtenances per P approved water lan W-695 on file with P City of Renton, Washington. 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 the "Developer' s" expense, and the "Developer" covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. The "Developer" further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 22,000.00 See Exhibit "A" attached hereto for the legal description of the lands affected by this latecomer agreement or a map showing in outline the land affected by such additional charges per the terms of this agreement. Per RCW 65.08. 170(3) (RCW 35.92.025) . FILED FOR RECORD AT REQUEST OF OFFICE OF THE CITY CLERK 4167 RENTON MUNICIPAL BLDG, 200 MITI AVE.SO. Sheet 1 of 4 RENTON,WA 98055 • • Based on said total amount of cost, thexx 2x28 x1RMAIRx RR* K the cost per front lineal foot (s.tAi.fz.e out ,the inappLi,cab.fe pant) 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 connections to laterals or branches connecting thereto, all subject to the laws C7 and ordinances of the City of Renton and the provisions of this Agreement. It is l* 0 hereby further agreed that in the event the total actual cost of the aforedescribed c improvement shall be different from that set forth hereinabove, then this Agreement O will be duly amended to set forth the total actual cost thereof. The pro rata cost CI per lineal front foot is $_17.319425 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. 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 appurten- ances 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 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 be 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 improve- ment 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 the facility for water or sewer service during the period of 10 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, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. 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. Further- more, in case any tap, hookup or connection is made into any such contracted 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: 10 years from date hereof, City shall be Sheet 2 of 4 • • 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 determining or computing the amount due from any benefited owner who wishes to hoop up to such improvement, shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements to Cl • be undertaken and paid for by Developer 01 have been or are about to be connected with the Utilities Systems of the City, and upon C GD such connection and acceptance by the City through its legislative body, said extension M C• and/or improvement shall be and become a part of the municipal utilities systems. OD 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 the "Developer". DATED THIS 7771 DAY OF 19 CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER: 4Y !��( CC I�jei4SoCi�j Nt• BY: IAA:WV%) �J�1.lYLp�L� BY x- P-die � MAYOR /uT da2 BY: CITY CLERK CITY OF RENTON DEVELOPER STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss ) ss COUNTY OF KING ) COUNTY OF KING On this q day of , 19 g On thilKa personall - . _+ before ne before me personally appear �- � "txir7 ei £ . /72, /e_ , to me known to (Grantor(s U be the-f , City Clerk yr other-aut-freer z-ee- �s€€ ee A • age^t, as— I e-ase-may -bc-) of the municipal corporation that executed the to me known to be the individual(Odescribed within and foregoing instrument, and in and who executed the within and fore- acknowledged said instrument to be the free going instrument, and acknowledged that he and voluntary act and deed of said municipal (she or they) signed the same as his (her corporation, for the uses and purposes or their) free and voluntary act and deed, therein mentioned, and on oath stated that for the uses—and purposes therein mentioned. he was authorized to execute said instrument Given ander my han. .nd official seal this and',th t the•seal' / ,offfixed is the corporate ACi_ day of � : ., /bk. . , 19e12. sea • l' of said municipal corporation. IN WITNESS..WHEREOF I have hereunto set A ', ��!._ i —�- -- my ,hand and affixed my official seal the ignatur of officer anti offi.ci�l`•steal day'•and year •£•first above written. f & Notary Public in and for the State o� Signature ,Title of Officef r Washington, residing at\ -cii".,,4,�!/�I7 .694 C.,*,&_c2ta , No y Public in and for t e State of Washington, residing in , Sheet 3 of 4 EXHIBIT "A" NOTICE OF ADDITIONAL WATER OF SEWER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65.08.170 (3) (RCW 35.92.025) MUNICIPALITY - CITY OF RENTON , WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER: Latecomer Agreement W-695 VI P* Cr) PROJECT NO. : W-695 RECIPIENT : Grady Way Associates , a partnership C"7 BRIEF PROJECT DESCRIPTION : Installation of approximately 572 L . F. of OD 12" D. I. waterline and approximately 155 L. F. of 10" C . I . waterline and all appurtenances per approved water plan W-695 , on file with the City of Renton, Washington TOTAL ASSESSMENT COST : $22 ,000 . 00 TOTAL ASSESSABLE FOOTAGE : 1 , 270 . 25 (Front Footage or Square Footage) TOTAL COST PER FRONT FOOT $ 17 .319425 If there is any question regarding the paid or unpaid status of the following assessments , please call the City of Renton , Utility Engineer- ing Department at 235-2631 . ASSESSABLE LEGAL DESCRIPTION FOOTAGE ADDITIONAL CHARGE Lot 1 City of Renton Short Plat 50 .00 front ft . (VTTI) # 138-81 Rec . AF #8105149003 $865 . 98 Lot 2 City of Renton Short Plat 296 . 53 front ft . (Johnson-Leiber) # 138-81 Rec . AF #8105149003 $5 , 135 . 73 Lot 3 City of Renton Short Plat 225 . 47 front ft . (Wells) # 138-81 Rec . AF #8105149003 $3 , 905 . 01 C. D . Hillman ' s Earlington Gardens 100 . 00 front ft . (Holmes) Add . Vol 17/Pg . 74 $ 1 , 731 . 94 Block 27 ; Lot 31 C .D . Hillman ' s Earlington Gardens 100 .00 front ft . (Developer) Add . Vol 17/Pg . 74 155 . 00 front ft . $ 1 , 731 . 94 - 10" Block 28 ; Lots 1 thru 5 incl . $2 , 684 . 51 - 12" C. D . Hillman ' s Earlington Gardens 343 . 25 front ft . (Macris) Add . Vol . 17/Pg . 74 $5 ,944 .89 Block 28 ; Lots 6 thru 16 incl . TOTAL 1 , 270 . 25 front ft . 2 $2 ,000 .00 Sheet 4 of 4 � t 4 - •• • • 4 • • • N ci) O O CO ci-) co SI CO Cr- CD CD FILED FOR RECORD Al REQUEST OF CO c0 OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MK SO. RENTON,WA 98055