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HomeMy WebLinkAboutLA 8106290602 5-245 • :7-11/0A.."--;.9 • %OE.02 E :ECD F 5z 00 CASHSL *:4:4,4,55,flfl AGREEMENT AND CONVEYANCE CD RE : UTILITIES SYSTEMS 7h N and entered into this day of iA 19 V.1 � THIS AGREEMENT made !� O by and between the CITY OF RENTON, a municipal corporation acting as a Non- o3 Charter Code City, under the laws and statutues of the State of -Washington, hereinafter referred to as "City" , and G and M - Investments hereinafter referred to as 'Developer" ; WITNESSET H: WHEREAS "The Developer" is desirous of installing certain Sewer— lines and appurtenances thereto at , near, or within the hereinbelow described property and to connects.ame 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 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 : ryrr�+ [��}[c�� t1{ RECORDED HIS fry t, ,� � x Z9 1135 /M '6 l SEE EXHIBIT A BY THE Di'rSf'v ^� RECORDS & _ ,`�, KING C'v-'`e.�'3i`p and the "Developer" hereby .agrees and covenants to cause to have installed the following described improvements , to-wit : 2027 LF of 8" PVC Sanitary Sewer pipe and 774 LF of 10" PVC sanitary sewer pipe installed under City of Renton Sanitary Sewer Project #245 per approved plan on file under file #13-2-20. 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 RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON, WA 98055 i --4 fV CD 2 . The "Developer" further certifies that the total estimated cost of psaid construction as hereinabove specified will be in the sum of $_55,450.00 . Based on said total amount of cost , tIX XX ( XXAX' 411) CD ,`pgafVE 10515 XJ1MXXt3O(AXM X per front lineal foot (strike out the inapplicable part) up 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 hereby further agreed that in the event the total actual cost of the afore- described 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 per front Tinea.i.foot is $20.8851/LFF. 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 reasonablybe necessaryto fullyvest 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 (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 , 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 ,' I i 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 (N.Iso 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 CDAgreement , towit : TEN (10) years from date hereof, City shall be under .* ono further obligation to collect or make any further sums unto the "Developer': O The decision of the City Engineer or his authorized representative in aD 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 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 G and M Investments 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 -t-tye,,7 - i,,-TH DAY OF 7-(� )- , 19 £l CITY OF RENTON, a Municipal Corporation DEVELOPER: BY: li? Wt.i. tJ •Sktttpoa.- By: mi(e 41 NImo' /� �/ Mayor By:: rfi.��% f_°.n) 0 , / / By : City Clerk G and M Investments STATE OF WASHINGTON) Michael K. Mastro ) ss 510 Rainier Ave. So. COUNTY OF KING ) Seattle WA 98144 On this day personally ap pared �bef�ore me Sr . �1 known to be X' C��%.dr� restive y, of the municipal corporation tha executed e 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 1 corporate seal of said corporation. GIVEN under my hand and official seal this ....47T-6-day of ",... - l9g1 No ary Public in and or t e State o . Washington, residing at SUBSCRIR D AND S ORN TO BE ORE ME this l4% day o€- 19 Iothry Public in arm for thA State of Washington, ren;-2.i 7 -.\ �L. _ l i S MASTRO - 224 UNIT APARTMENTS N.E. 4th West of Union Ave. N.E. "EXHIBIT A" 224—Unit Apartment O at C\1 Northeast Fourth Street, Renton, Washington for Mr. Michael R. Mastro aD PARCEL A: The south half of the northwest quarter of the northeast quarter of the northeast quarter of Section 16, Township 23 North, Range 5 East, W.M. , in King County, Washington, EXCEPT the west 225 feet of the south 23. 1 feet. PARCEL B: The west 206 feet of the following described property: The south 165 feet of the north 495 feet of the east 660 feet of the northeast quarter of the northeast quarter of Section 16, Township 23 North, Range 5 East, W.M. , in King County, Washington, EXCEPT the east 30 feet thereof. PARCEL C: North half of the north half of the northeast quarter of the northeast quarter of Section 16, Township 23 North, Range 5 East, W.M., in King County, Washington, EXCEPT the east 561 feet, and EXCEPT the west 284 feet, and EXCEPT that portion of the north 180 feet lying east of the west 358 feet and west of the east 635 feet and EXCEPT county road.