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HomeMy WebLinkAboutLA 8106290601 R1/ft 29 � ,t} E REM F CASHSL **** .no AGREEMENT AND CONVEYANCE •-:•s RE : UTILITIES SYSTEMS 1i, THIS AGREEMENT made and entered into this day of j iA iie 19 8/ by and between the CITY OP RENTON, a municipal corporation acting as a Non- CD Charter Code City, under the laws and statutues of the State of Washington, • . O hereinafter referred to as "City" , and GARY MORITZ Nhereinafter referred to as 'Developer" ; O W I T N l: S S E T I-i: a0 WHEREAS "The Developer" is desirous of installing certain water 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 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 : The North 100 ft. of the S 2/5 of the following: The West 1/2 of the NW 1/4 of the NW 1/4 of the NW 1/4 Section 15, Twp. 23 N. , Rng. 5 E. , W.M. EXCEPT County Road. AKA N. 100 ft. of S 2/5 of Lot 1 , Unrecorded Plat of Martins Acre Tracts and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements , to-wit : Approximately 150 1 .f. of 8" D.I . watermain, one 8" Gate valve and one fire hydrant assembly and all appurtenances within the right-of-way of Union Ave. NE and within the North 15 feet of the above described property. 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. FILED FOR RECORD AT REQUEST OF OFFICE OF THE CITY CLERK • RECORDED THIS DAY RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. I Z9 I 135 IN '81 RENTOR WA 98055 ;;` (. RENTON, . ,; ,L,,,;��ti'�iL^ uti',�iti ,�i.Or ELEC I I�:t. ;,t,^ "rpt;{+ \,. . • t" V � , T 2 . The "Developer" further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 8,052.95 . Based on said total amount of cost , X (Xf7P3(/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 O hook unto or use said facilities , which tap or hookup shall include connec- O tions to laterals or branches connecting thereto, all subject to the laws and ON N 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 afore- CD described improvement shall be different from that set forth hereinabove , / then this Agreement willbe duly amended to set forth the total actual cost The Pro Rata ost thereof. Per lineal front ft. is $26.8432/i..Frt. Ft. 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 . S . 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 r ,.a k*„t 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 p Agreement , towit : ten (10) years from date hereof, City shall be under p) no further obligation to collect or make any further sums unto the "Developer". ON N The decision of the City Engineer or his authorized representative in 0 CD determining or computing the amount due from any benefited . owner who wishes co 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 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 7wen77 - /77 FT7/ DAY OF ,717 4 yi e ,19 k/, CITY OF RENTON, a Municipal Corporation DEVELOPER: BY : 50ah,LL.• Sh.L.mrt t.1n. By: Mayor d By : 0,61e-1-66/ Q, a By:, 4 . L City Clerk Gary Mv.' i tz STATE OF WASHINGTON) ) ss • COUNTY OF KING ) On this day personally appea ed before mettLe4444A- 'cad Q _ known to be ,2, C= %fierpect vely, of the municipal corporation tha executed th 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. ,e/ GIVEN under my hand and official seal this ' _ day of /91/ 19 • Notary Pu•lic in and or t e State o Washington, residing at/1/2, ,........ S ccer.,i 3 AND s7.7TtN TO BE E ME t?, ,l c;a;,o= / -, x? residing at P1;