HomeMy WebLinkAboutLA 8109090449 W-551
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AGREEMENT AND CONVEYANCE tw .`i_i I/nq #0449 B
RECD F 5r i3i�i
RE : UTILITIES SYSTEMS CI SHSI_ 2°O;'
22
TI-IIS AGREEMENT made and entered into this „5ti� day of7--e M b-e 19 S/
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 DAVID A. SABEY, 0/W PROPERTIES
hereinafter referred to as 'Developer";
WITNESSET H:
O
QWHEREAS "The Developer" is desirous of installing certain water lines and
_.0 appurtenances thereto at , near, or within the hereinbelow described property
-- andto connect same to the City' s Utility System so that such improvementswill
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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 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 the is the owner
of the following described property, to-wit :
Lots 1 thru 9 incl. ; 48 thru 56 incl. Block 41 and Lots 1 thru 9 incl; 48 thru
56 incl. Block 40; C.D. Hillmans Earlington Gardens Div. No. 1, together with
portion vacated street and alley adjacent.
and the "Developer" hereby agrees and covenants to cause to have installed the
following described improvements , to-wit :
756 L.F. ± of 12" D.I. Waterline and 3 fire hydrant assemblies and all
appurtenances in S.W. Grady Way, west of Thomas Avenue S.W.
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.
;m8 1
FILED FOR RECORD AT REQUEST OF RECORE� i; r, .
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OFFICE OF THE CITY CLERK SEP 11
25 '
14
RENTON, MUNICIPAL BLDG. i i3Y s, O' SiO
200 Mitt AYE. SD. ,,� RECOi ts SECTIO S
RENTON, WA 98055 I NT'I'
2 . The "Developer" further certifies that the total estimated cost of
said construction as hereinabove specified will be in the sum of
$ 25,512.00 . Based on said total amount of cost , YaRiveutrarswat
EquaxxxxigilayhmAtmocceck 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
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ordinances of the City of Renton and the provisions of this Agreement . It is
O hereby further agreed that in the event the total actual cost of the afore-
- 0'
O described improvement shall be different from that set forth hereinabove ,
O then this Agreement will be duly amended to set forth the total actual cost
op thereof. The pro rata cost per lineal front foot is $16.8730/L.F.F.
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 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 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 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,lhookup unto or use any such facilities or exten-
sions thereof 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, 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
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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 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
oN 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 .
0 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 _2_I_ DAY OF ,198l
i
CITY OF RENTON, a Municipal Corporation DEVELOefa:
ckXL( OBY ‘6GG3 � (A.. By.
Mayor
3y : /4G� -� [�, a _Y6,4
City Clerk
STATE OF WASHINGTON) CAC,
A. SABEY, 01W 'OPERTIE ,4?
SS OT T e c,is Pa 2 Et ilca,t sg 1,..�i✓!/C,/U,EitsJ
COUNTY OF KING ) � �� Zr./v4¢SIM gd.ir.5 4
On this day personally appeared before me David A. Sabey,
known to be President and General Partner respectively, of the nrume4W--
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 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 15th day of July 1981
Notary Pu• i ' n and or t o State o
Washington, residing atZ14 t - .
SUBS T�AND SW a% To 19 ME
this � �daxo�� �. � 19
Notary Public •. and for :a State of*:: •_+...n.
residing at •
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UTILITIES #1
s EASEMENT
i_s.Jr• THOS INS. RUMENT, made this6thday of February 19 80
1:-> ' • fi
--" by an etwe City p,•perties and y of Renton
f' Air L and
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a hereinafter called "Grantor(s)", and the CITY OF RENTON , a Municipal Corporation of King
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CO County , Washington, hereinafter called "Grantee".
vi WITNESSETH: •
That said Grantor(s) , for and in consideration of the sum of $
1.00
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O (One Dollar) paidby Grantee, and other valuable consideration, do by
these presents , grant, bargain, sell , convey, and warrant unto the said Grantee, its
successors and assigns , an easement for public utilities (including water and sewer) with
c5 necessary appurtenances over, through, across and upon the following described property
<-+ in King County, Washington, more particularly described as follows:
!•.4.1 A 15 Foot easement for water purposes over, under, across and through all
that portion of Lots 9, 10, 28, 29 and 48, Block 41, and of Lots 9 through
28 and 45 through 48, Block 40, C.D. Hillman's Earlington Gardens Div. No. 1,
according to plat recorded in vol. 17 of plats, page 74, records of King
County, Washington, and of vacated streets and alleys adjoining, lying
southerly of S. W. Grady Way and Northerly of Interstate Highway 405, the
centerline of which is described as follows:
Beginning at the intersection of a line 7.5 feet easterly of and
parallel to the east margin of 80th Ave. So. (Oakedale Ave. S.W.) with
the southerly margin of S. W. Grady Way; thence southerly along said
parallel line to a line 7.5 ft. northerly of and parallel to the northerly
margin of Interstate Highway 405; thence easterly along said parallel line
to a line 283.5 feet-westeriy.,af• and.paralltothe•centerline of
vacated 83rd Ave. S. (Thomas Ave. S.W.) ; thence northerly along said
parallel line ao distance of 323.5 feet; thence on a deflection to the
left of 11 1/4 to the southerly margin of S.W. Grady Way and the terminus
of this centerline description.
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"LLD iOr t 6c'ord at �'� t
RENTON MUNICIPAL BLD`'
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Said heretofore mentioned grantee, its successors or assigns , shall
have the right, without prior notice or proceeding at law, at such times as
may be necessary to enter upon said above described property for the purpose
of constructing, maintaining, repairing, altering or reconstructing said
utility, or making any connectibns therewith, without incurring any legal
obligations or liability therefore, provided, that such construction, main-
taining, repairing, altering or reconstruction of such utility shall be
accomplished in such a manner that the prtvate improvements existing in the right
right(s)-of-way shall not be disturbed or damaged, or in the event they are
disturbed or damaged, they will be replaced in as good a condition as they were
immediately before the property was entered upon by the Grantee.
The Grantor shall fully use and enjoy the aforedescribed premises ,
p including the right to retain the right to use the surface of said right-of-way
-- if such use does not interfere with installation and maintenance of the utility
- line. However, the grantor shall not erect buildings or structures over, under
p or across the right-of-way during the existence of such utility.
c0 This easement, shall be a covenant running with the land and shall be bind-
ing on the Grantor, his successors , heirs and assigns. Grantors covenant that
they are the lawful owners of the above properties and that they have a good and
lawful right to execute tthi s agreement.
O/W Properties and
and
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CORPORATE FORM:
STATE OF )
SS
COUNTY OF )
On this 6th day of February , 10 so before me, the undersigned,
a Notary Public in and forte State of Washington , duly commissioned and sworn
personally appearedand
to me known to bg the , ezk and , respectively,
of 7",y//..% the corporation that executed the fore-
going irlstrument, and acknowledged the said instruncAt to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that authorized to execute the said instrument and that !;
the seal affixed is the corporate seal of said corporation.
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WITNESS my hand and official seal hereto affixed the day and year in ,chi's' •
certificate above written. /,'. , :
/(;(/14./ A-7Ar
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Notary Public in and for t `State of
Washington , resid g dt Bellevue.
UE#1 -2b
in
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THIS SPACEaESERVED..1• RECORDER'S USE.
Menu National Title Insurance Company r. cc' ,a'6
WASHINGTON TITLL DIVISION ;'-.1.---7-
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Oiled for Record at Request of : ' c 9- c.)t-
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to G 10 c—,Z.
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SIO :IT1 c` u- .0
4�hr, _[s t: '!i'EE C CLERK t.a-- cC
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_-+` IZENToN MUNICIPAL Pima
2t;0 MILL AVE. SOUTH
RENTON_ WA S:7-I,, R$06.5
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FORw L 32R
- ' ' � BILL OF SALE
c KNOW ALL MEN BY THESE PRESENTS: That 0/W Properties
r--r: • of Renton
County of King , State of Washington, the party of the first part.
for and in consideration of the'sum of One and no/100- * * * * * *
Dollars
lawful money of the United States of America, to t ham in hand paid by the City of Renton
the party of the second part, the receipt whereof is hereby acknowledged, do es by these presents grant,
1 - • bargain, sell and deliver unto the said part y' • of the second part, the following described personal property now
located at 919 S . W. Grady Way W-#551
in the City of Renton - , County of • • King and State of Washington, to-wit:
Approximately 756 LF of 12". 'D. I. . water pipe, and 3 of fire hydrant .
assemblies, and all appurtenances pertaining to said watermain, expressly
. warranting said watermain against any expenses, costs pr liens hereto
' incurred thereon by, through or under seller herein .
TO HAVE AND TO HOLD the same to the said party.- ;. of the second part, its heirs, executors,
administrators and assigns forever. And said part y of the first part, for its heirs,
executors, administrators, covenants and agrees to and with the said party of the second part, its
executors, administrators and assigns, that said party' of the first part is the owner of the said '
property, goods and chattels and has good right and full authority to sell the same. and that it •
will warrant and defend the sale hereby made unto the said party . of the second part, its
executors, administrators and assigns, against all and every person Or persons, whomsoever, lawfully claiming or to
claim the same,
IN WITNESS WHEREOF, The said party of the first •'.• has to ' his hand
and seal this 14th day of J: a ary, s
78/
ff,
- �h '� (SEAL)
r "pp- .
• (SEAL)
:,r,; -.�., : (SEAL)
(SEAL)
STATE OF WASHINGTON, ,.
ss.
County of King
On this day personally appeared before me David A. Sabey �'w '" -�.�
to me known to be the individual described in and who executed the within and foregoi f instrument. ai:d
acknowledged that he signed'the same as -- his , free and voluntary ac ra l...deed: for'the .
uses and purposes therein mentioned. s, e;r,
•
GIVEN under my hand and official seal this 14th' day of Janu y, 9)3tt�-7-,,1-',/,....''i _, '
r()e(/L • �;,fr- '•r ,*, r- - ;'_
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• ' Notary ublic in and for ibe Stat&''j .' asbingtan-
,
residing at Bellevue. F