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HomeMy WebLinkAboutLA 8109220558 , • , • W-530 AGREEMENT AND CONVEYANCE RL' : UTILITIES SYSTEMS THIS AGREEMENT made and entered into this /�� day of �/ ` 19ej by and between Llhe CITY OF REN'I'ON , a municipal corporation acting as a Non- Charter Code City, under the laws and statutues of the State of Washington , 00, hereinafter referred to as "City" , and JOHN M. STONE • up hereinafter referred to as 'Developer" ; CD CV WITNESSET II : CV —WHEREAS "The"The Developer" is desirous of installing certain water lines and m appurtenances thereto at , near, or within the hereinbelow described property andto connect same tothe 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 Facili - ties Act , (RCW 35 . 91 . 101 et sea) " ; and WHEREAS " the Developer" is willing to pay all the costs and expenses for the installation of said improvements ; NOW T(IliRNFORI.i , IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN TIME 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 26 inclusive, Block 1 , C. D. Hillman's Earlington Gardens Division No. 1 , TOGETHER with vacated Taylor Ave. adjacent, less St. Hwy. and the "Developer" herebyagrees and covenants to cause to have installed the P g following described improvements , to-wit : 343 l .f. of 12" C. I. waterpipe and 710 l .f. of 8" D. I . waterpipe and 5 fire hydrants and all appurtenances pertaining to said water main in vicinity of Southwest 23rd St. and East Valley Highway. 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. ICU FOR RECORD AT REQUEST OF R1/09/22 #f4058 E tT�^F D tF- Y�,a 00 CPcMcL ****A. 00 OFFICE OF T E CITY CLERK _, r.s �� __,_ RERTCI IrlliiICIPAL BLDG. ,� ' ;. 200 HILL M.SSD. `_ `, _, • RED t Rf� ta, • ra i 4 • r _40 2 . The "Developer" further certifies that the total estimated cost of said construction as hereinabove specified will be in the suns of $ 1%52E.50 Based on said total amount of cost , We,. XXKvs Iptx XXIMOMXfXCM/or 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 up hook unto or use said facilities , which tap or hookup shall include connec- lntions to laterals or branches connecting thereto , all subject to the laws and Nordinances of the City of Renton and the provisions of this - Agreement . It is cp hereby further agreed that in the event the total actual cost of the afore- 40 described improvement shall be different from that set forth hereinabove , then this A 'he amevno .tata� Cl1l be duly amended to set forth the total actual cost thereof. Per lineal front foot is $1.3.0814/l .f.f. 3. Itis 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 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 ten (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 , 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 i , n i facility , without such payment having beery 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 (10) years from date hereof, City shall be under ono further obligation to collect or make any further sums unto the "Developer': ln NThe decision of the City Engineer or his authorized representative in Ndetermining or computing the amount due from any benefited owner who wishes mato hookup to such improvement , shall be final and conclusive in all re- aD spects . 6 . The 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 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 /Crs -- /1"—c4 DAY OF -� ,4.9c530/ CITY OF RENTON, a Municipal Corporation DEVELOPER: By :: box G= 4•S L t_p0 C.k By: Mayor • dir BY : a, B . _.,._ �/ 11 - City Clerk STATE OF WASHINGTON) John M. Stone ) ss COUNTY OF KING ) yy On this day personally appeared before me 1-61,11A 01 , s7 . known to be respectively, p.� corporation that executed the 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 ,thi t_ithey , were authorized to execute said instrument and that the seal affixed is` .the 4 corporate seal of said corporation. GIVEN under my hand and official seal thisI1,)411 day of I 19P/ oAni,bet.„, (1.1....L... ....,...„ . -- Notary Puilic in and for th tate of Washington, residing at sir SUBSCRIBED AND SWORN TO BEFORE ME this day of , 19 Notary Public in and for the State of Washington, residing at . • ' �r I r w • S • ` Y , STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ap ON THIS /7 day of , 19 (l , before me personally appeared BARBARA Y. SHINPOCI MA R, CITY OF RENTON and DELORES MEAD, CITY CLERK, 1.0 CITY OF RENTON, the individuals that executed the foregoing instrument, and N acknowledged said instrument to be the free and voluntary act and deed of said C^ individuals, for the uses and purposes therein mentioned, and on oath stated that O they are authorized to execute said instrument. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year above written. �// ; NOT.R PU:LI ,in an.:. or `. e to Washington residing at 0