HomeMy WebLinkAboutLA 8306090731 PROJECT No. W-535 '
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C=1 ; �- ", AGREEMENT AND CONVEYANCE 83 06/e'= '-;%:= D
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RE: UTILITIES SYSTEMS IT S-D
THIS AGREEMENT made and-entered into this 4:96 day of ->Y20-144, 1983
by and between the CITY OF RENTON , a municipal corporation of the second class under the
fel• laws and statutues of the State of Washington, hereinafter referred to as "CITY" and
TRI-STATE CONSTRUCTION .COMPANY hereinafter referred to as "DEVELOPER" ;
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OD WHEREAS "The Developer" is desirous of installing certain water tx Iltitekt lines 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;
Block 1, Hillman's Earlington Gardens #1 as recorded in Vol. 17 of plats,
Page 74 Records of King County, Washington; LESS Lots #27 and 28; and
LESS State Highway.
and the "Developer" hereby agrees and covenants to cause to have installed the following
described improvemnts, to-wit:
Approximately 1330 L.F. of 12" D.I. watermain in East Valley Highway between
S.W. 19th Street to S.W. 23rd Street including three. (3) fire hydrants and all
appurtenances pertaining to said waterline per approved plan W-535 on file
with the City of Renton.
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 $ 47,743,62
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) •
466
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Based on said total amount of cost.per-zone:front foot- (zoneftermini)-of_
said improvement shall be emp oyed 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
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C, and ordinances of the City of Renton and the provisions of this Agreement. It is
CD hereby further agreed that in the event the total actual cost of the aforedescribed
CDD improvement shall be different from that set forth hereinabove, then this Agreement
will be duly amended to set forth the total actual cost thereof. The pro rata cost
Goper zone front foot is $ 29.2394
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 Ten 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: Ten years from date hereof, City shall be
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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
'4 be undertaken and paid for by Developer
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have been or are about to be connected with the Utilities Systems of the City, and upon
CD
such connection and acceptance by the City through its legislative body, said extension
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0 and/or improvement shall be and become a part of the municipal utilities systems.
co8. 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 G49..7 DAY OF >7/64.0.4(., 1 .
CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOP
BY: 4. 4 •S Gtr BY: _____: ::-4:1) d/b/a
41 MAYOR
BY• nor By:Tri-State Construction Company
CITY CLERK (An individual Proprietorship)
CITY OF RENTON DEVELOPER
STATE OF WASHINGTON ) STATE OF WASHINGTON )
) ss ) ss
COUNTY OF KING ) COUNTY OF KING )
On this /2 lay of /714,..v , 19as On this day personally appeared before me
before me personally appeared J-cr Agostino
ino...Scir7e.-E. {2707`-0,- , to me known to (Gra or s) (-- _ .---77""
be the ( -Za-d , City Clerk 7E--- .. /
or other authorized
officer or agent, as the case may be) of the
municipal corporation that executed the to me known to be the individual(s>described
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 under my hand and official seal this
and that th'e;seal affixed is the corporate 23rd day of March , 1983 .
seal' f' said't uinicipal corporation.
,
INC. WITNESS WHEREOF;, I have hereunto set
r• Signature of officer and official seal
my hand and. Affixed my official seal the
day, end year firstabove written. /
i ...
Officer
Notary Public in and'.for the State of
Signature & 'Title
- ,•4,�. -„ of Washington, residing at Fall City
Notary Public in and for the _State of � �
Washington, residing in /47 ':1. .
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EXHIBIT "A"
NOTICE OF ADDITIONAL WATER OR 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-535
C4.4 PROJECT NO . : W-535
CDRECIPIENT: Tri-State Construciton
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O BRIEF PROJECT DESCRIPTION : Approximately 1330 L.F. of 12" D.I. watermain
C'' in East Valley Highway between S.W. 19th Street to S.W. 23rd Street and all
appurtenances pertaining to said waterline per approved plan W-535 on file with
the City of Renton.
TOTAL ASSESSMENT COST : $ 47,743.62
TOTAL ASSESSABLE FOOTAGE : 1,632.85
( ZFF Footage )
TOTAL COST PER FRONT FOOT OR SQUARE FOOT : $ 29.2394
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
334040-0005
Hillmans Earlington Gdns #1
Block 1
Lots 1 thru 7 incl. LESS
St. Hwy; TGW Lots 22 thru .;374 /
26 incl. (Pace Ind. Group)
334040-0006 746.63 ZFF 411- 6,000.00 PAID
Hillmans Earlington Gdns #1 $15,831 .01
Block 1
Lots 8 thru 21 incl.
LESS St. Hwy.
(Pace Ind. Group)
334040-0745 815.47 ZFF $23,843. 85
Hillmans Earlington Gdns 4#1
Block 6
Lotl thru 32
LESS St. and LESS St. Hwy.
(Metro Ind. Dist. Inc.)
192305-9016 70.75 ZFF $ 2,068.76
PTN W 1/2, SW 1/4, SE 1/4 Lying
SWLY State Hwy. 10 T21M IA MB gin
�31
Puget Sound Power & Light)
11 '3
TOTAL 1632.85 ZFF tP
OS;LOW
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8306090731
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