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AGREEMENT AND CONVEYANCE 81/07/13 *0489 D
RECD F 5.nil
RE : UTILITIES SYSTEMS C ISHEL **** .n0
'i't-IIS AGREEMENT made and entered into this 94 day of 198'/
by and between the CITY OF RENTON , a municipal corporation ac ng as a Non-
Charter Code City, under the laws and statutues of the State of Washington, •
hereinafter referred to as "City" , and EDWARD K. LIDZBARSKI and ANN LIDZBARSKI
hereinafter referred to as 'Developer" ;
WITNESSET H:
ON •
opWHEREAS "The Developer" is desirous of installing certain sewer lines and
appurtenances thereto at, near, or within the hereinbelow described property
andto connect same tothe City ' s Utility System so that such improvementswill
R
CD constitute an integral part thereof; and
cID 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, Block 27 C.D. Hillmans Earlington Gardens Division No. 1.
and the "Developer" hereby agrees and covenants to cause to have installed the
following described improvements, to-wit :
390 L.F. of 12" PVC in alley west of Maple Avenue S.W. thru Block 27, C.D.
Hillmans Earlington Gardens #1; south of S.W. Grady Way, together with all
appurtenances.
and such installation to be made in full compliance with all applicable codes
1 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.
'
I RECORD AT REQUEST OF RECORDED' 1 _ir
FILED FOR�
JUL 13 11 51At4 'P. 1
e'FICE OF THE CITY CLERK BY THE: 1):',./;. UN t,r-
RATOH MUNICIPAL BLDG. / _ RECORDS cr. ELFrr r
200 MILL AYE. SO. 7 ; .KING COUNT .
REIITOH, WA 90055 . ::,;' =,z .
' .
2 . The "Developer" further certifies that the total estimated cost of
said construction as hereinabove specified will be in the sum of
$ 10,453.30 . Based on said total amount of cost ,xxth1mxxgax
,e ► 'No , oo :: .. : : 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
cohereby further agreed that in the event the total actual cost of the afore-
0 described improvement shall be different from that set forth hereinabove ,
then this Agreement will be duly amended to set forth the total actual cost
0 thereof. The pro rata cost per lineal front foot is $14.5185.
3 . It is hereby found and determined that the construction and installation
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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, hookup 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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,
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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
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-
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
NI-
cp to said extensions or additions , without liabilitythe
O on part of CITY.
t_? 7 . It is further agreed and understood that the aforedescribed improve-
Oments to be undertaken and paid for by Developer
op 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 .7 *A., .r DAY OF ?,..g.j.. , ,19 67
CITY OF RENTON, a Municipal Corporation DEVELOPER:
BY : (,t,Jt,QJ•Qh1JI.J . Sk.4.1,t f ot:„, By : --�Lic. '/•
��...) I.
Mayor a.„,„, -
BY : �.rei By: / /
Deputy City Clerk /
STATE OF WASHINGTON) EDWARD K. LIDZBARSKI and ANN LIDZBARSKI
) ss
COUNTY OF KING )
On this day personally appeared before me Barbara Y. Shinpoch. and Maxine E. Motor
known to be Mayor and Deputy City Clerk respectively, of the municipal
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 day of l j
Notary Public in a d or t ,e tate o
Washington, residing at <`.k . - &1 ,
L SUBSCRIB • AND SWORN TO B 1RE ME .
.. this 4r..44r..4day o� 8A
cpNotary Public in and , it the S of Washington,
residing ato t h- 1
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